Revised Competition Bureau guidelines reflect a more cautious approach to dealings among competitors

On May 6, 2021, Canada’s Competition Bureau (Bureau) implemented the first revisions to its Competitor Collaboration Guidelines (CCGs)[1] since they were issued over a decade ago. The CCGs describe the Bureau’s approach to enforcing the criminal and civil provisions of the Competition Act (Act) applicable to agreements among competitors and potential competitors.

While the revised CCGs are more “evolutionary” than “revolutionary,” they signal an increased ambiguity about the Bureau’s approach to certain types of competitor collaborations.

What are the Competitor Collaboration Guidelines?

What has changed?

Read the complete article here.

This piece was originally published on dentons.com

[1] For the revised CCGs, see Competition Bureau, Enforcement Guidelines, Competitor Collaboration Guidelines (6 May 2021), online: <https://www.competitionbureau.gc.ca/eic/site/cb-bc.nsf/eng/04582.html>.

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About Adam S. Goodman

Adam’s practice focuses on class action defence, cartel defence, and merger clearance under the Competition Act and the Investment Canada Act. He has represented clients at all levels of Ontario and Federal courts. Adam’s experience includes representing clients participating in Canada’s Immunity and Leniency programs, leading internal investigations, and representing clients in contentious public inquiries.

About Simon Kupi

Simon practices in Dentons’ Energy Regulation group in Calgary and in the firm’s national Competition and Foreign Investment group. In his energy and utilities practice, Simon focuses on economic regulatory, public, Indigenous and environmental law.

About Sandy Walker

Sandy Walker is co-Chair of Dentons' Competition and Foreign Investment Review group and is recognized as one of the country’s leading competition and Investment Canada Act lawyers. Sandy's practice focuses on securing government approvals for mergers and acquisitions from the Competition Bureau, Investment Canada and other regulatory agencies, including navigating complex “net benefit to Canada” reviews and the national security review process on behalf of foreign investors, both state-owned and private sector.

About Barry Zalmanowitz, KC

Barry Zalmanowitz (He/Him/His) is Senior Counsel and part of the of the Firm’s national Competition Law group. He advises and represents clients in all aspects of the Competition Act, including mergers and notifiable transactions, conspiracy and other criminal provisions, private damage actions, reviewable practices and misleading advertising. He also represents clients in compliance with the Investment Canada Act and establishes competition and antitrust compliance programs and policies. Barry has been competition law counsel in many significant transactions providing pre-transaction advice, compliance with pre-notification filings and obtaining clearances from the Commissioner of Competition.