In November 2020, the Competition Bureau hosted its first
annual
, which saw
the Bureau and its international counterparts discuss strategies
and tools for adapting to emerging competition enforcement issues
in the digital economy.
The Digital Enforcement Summit focused on enforcement
issues faced by competition agencies from the pre-investigation
stage of potential anti-competitive activity to the resolution
stage. Notable highlights from the discussions
include:
Enforcement agencies are leveraging technologies like cloud
computing and natural language processing to gather evidence in
response to difficulties in detecting anti-competitive activity in
digital markets;
Changes to competition laws and regulations are perceived as
necessary to give competition agencies the tools necessary to
On November 27, 2020, the Competition Bureau released a statement regarding the application of the
Competition Act to no-poaching, wage-fixing and other
agreements among competitors relating to the purchase of a product.
The Bureau confirmed that such agreements would not result in
criminal investigation under the
Competition
Act. The Bureau s conclusion is based on legal advice
it sought from the Department of Justice and the Public Prosecution
Service of Canada.
While the Bureau s position is unsurprising and is
consistent with the generally-accepted interpretation of the
Competition Act, the absence of criminal liability for
so-called buyer cartels sets Canada apart from many
other countries. Most notably, buyer cartels have been subject to
Welcome to the January issue of
Blakes Competitive
Edge, a monthly publication of the Blakes Competition, Antitrust & Foreign Investment group.
Blakes
Competitive Edge provides an overview of recent developments
in Canadian competition law, including updates on enforcement
activity by the Canadian Competition Bureau (Bureau), recent
initiatives and key trends.
Key Highlights
While the number of completed merger reviews by the Bureau
during COVID-19 remains significantly below 2019 levels, there has
been an uptick from the reduced activity levels seen earlier in the
pandemic, with an 89 per cent increase in the monthly average of
completed merger reviews since the beginning of Q3 2020.
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The purchaser of a business will often want to ensure that any
goodwill associated with the business is protected. In particular,
they will not want the seller to set up a competing business
following completion, attracting many of the business
customers, utilising business secrets to gain an unfair advantage,
or poaching staff.
Walker Morris Commercial Dispute Resolution specialists
Gwendoline Davies, Rebecca Jackson and Jack Heward explain some of
the ways in which UK contract and competition law can afford
protection for a purchaser/employer, and some of the risks and
Introduction
M&A ) were notified to the Turkish Competition Authority
(
TCA ) although 21 of them were not
subject to notification for various reasons. Of these 208
notifications, 113 were part of global deals that were closed
outside of Turkey. We would like to clarify the conditions of the
notification requirement for an M&A by explaining the concept
of
change of control and the notification thresholds. It
would be also practical to bring up the
new merger test
and the
acceptable
1. Is there a change in the control structure?
The Turkish merger control system requires parties to make
notification of an M&A before closing the agreement. The