Competition Law of Canada

Front Cover
Calvin S. Goldman, J. D. Bodrug
Juris Publishing, Inc., Dec 1, 2013 - Business & Economics - 1264 pages
Written by leading members of the Competition Practice Groups of Davies Ward Phillips & Vineberg LLP and Blake Cassels & Graydon LLP, Competition Law of Canada is the definitive work on the subject and is recognized by the Canadian Legal Lexpert Directory as most frequently cited as the leading loose leaf service on Canadian competition law.

Organized in a logical, easily accessible format, this work provides comprehensive analysis, historical perspective and practical examination of Canadian competition law. All the major areas of competition law are examined in individual detailed chapters, including:

Mergers and Notifiable TransactionsAbuse of DominanceConspiracy and Agreements in Restraint of TradePricing PracticesDistribution PracticesUnfair Sales PracticesRegulated ConductIntellectual Property and Competition LawInternational Aspects of Competition Law

As well as being updated annually, this service includes as Appendices (on CD ROM) important competition related legislation, regulations, guidelines, treaties, speeches, cases and decisions (many unreported) and advisory opinions.

 

Contents

VOLUME
1-1
CONSPIRACY AND RELATED PROVISIONS
1-8
COMMON LAWNONSTATUTORY ASPECTS
2-1
Competition
2-10
PRICING PRACTICES
4-1
ENFORCEMENT OF COMPETITION
5-3
Appendix G 1 3b R v Camrost Group Limited Reasons for Sentence June
5-4
UNFAIR SALES PRACTICES
16
Appendix E5 1 Commissioner of Competition v Lafarge S A Consent
xiii
Appendix E9 3 Commissioner of Competition v AbitibiConsolidated Inc
xiv
Appendix E14 1 Director of Investigation and Research v Air Canada
xv
Appendix E17 2 Director of Investigation and Research v ADM Agri
xvi
Appendix E22 1 Wardair Competition Bureau News Release April 14 1989
xvii
Appendix F10 2 Insurance Corporation of British Columbia Undertaking
xix
Appendix G 1 4 R V Silverwood Industries Limited July 18 1977
xx
MISLEADING ADVERTISING CASES
xxi

Appendix E9 2 Commissioner of Competition v AbitibiConsolidated Inc
18
Appendix C35 Bulletin on Efficiencies in Merger Review
7-15
ABUSE OF DOMINANT POSITION
9-1
Appendix F9 3
9-3
Appendix F3 3 Commissioner of Competition v Enbridge Services Inc
9-9
Appendix F3 4 Commissioner of Competition v Enbridge Services Inc
9-81
Competition
9-151
APPENDICES ON CDROM
viii
Appendix C2 Table of Mergers
ix
Appendix
x
TREATIES
xi
Appendix
xii
Appendix K1 The Competition Act as It Relates to the Regulated Sector
xxii
MERGERS AND NOTIFIABLE TRANSACTIONS
10-1
PROVINCIAL MARKETING LEGISLATION
10-7
Rights
10-111
Appendix C14 Procedures Guide for Notifiable Transactions and Advance
10-128
REGULATED CONDUCT
11
INTERNATIONAL ASPECTS OF COMPETITION
13
Competition
12-1
Enforcement Guidelines on the Abuse of Dominance
12-21
TABLE OF CASES
TW-1
INDEX
I-1
Appendix G 1 3a R v Camrost Group Limited Reasons for Judgment May
I-10

Common terms and phrases

About the author (2013)

Calvin S. Goldman, Q.C., is a Partner with Blake, Cassels & Graydon LLP in Toronto and Chair of Competition, Antitrust & Foreign Investment Group. Mr. Goldman began his professional career at Blake's in 1976 where he remained with the firm specializing in antitrust litigation until 1986 when he was appointed Director (since renamed "Commissioner") of the Competition Bureau in the Canadian Government. As such, he was the first head of the Competition Bureau under the new Competition Act.

Mr. Goldman returned to private practice in 1990. His practice covers all aspects of competition law and trade practices. This includes strategic advice and representation before the Competition Bureau in relation to mergers, acquisitions, joint ventures, abuse of dominance and other reviewable trade practice matters. It also includes advice and representation in relation to the range of criminal matters under the Competition Act. A substantial portion of his practice involves trans-border mergers and criminal cases.

In recent years, Mr. Goldman's practice also has included an increasing number of cases pertaining to competition issues in information technology industries. He is Chair of the International Chamber of Commerce's Task Force on Competition and International Trade; Vice-Chair of the Competition Committee of the Business & Industry Advisory Committee to the OECD, and former Chair of the Competition Policy Committee, Canadian Council for International Business.

 

John Bodrug is a Partner with Davies Ward Phillips & Vineberg LLP, Toronto in the Competition and Foreign Investment Review Group. In practice for over 25 years, he has extensive experience in
all aspects of competition law, including mergers, price fixing investigations and other pricing, distribution and advertising matters. Mr. Bodrug has represented and advised Canadian and
international corporations across a range of industries, including energy and resources, transportation, agriculture, manufacturing, financial services, retailing and consumer products sectors. He has
obtained Competition Act and Investment Canada Act clearances for numerous merger transactions. He also regularly represents companies that are the subject of inquiries under the criminal provisions of the Competition Act, including both in the context of contested matters, resolutions short of proceedings, and immunity or leniency agreements. He has also acted as a special counsel for the Director of the Competition Bureau in the Competition Tribunal proceedings relating to the Interac shared electronic
financial services network under the Competition Act. Mr. Bodrug has written numerous articles in the field of competition and trade practice law and has been a speaker at American Bar Association, Canadian Bar Association and other conferences. Mr. Bodrug is a past Chair of the National Competition Law Section of the Canadian Bar Association. He has also appeared before Parliamentary committees examining competition legislation. Mr. Bodrug has lectured on competition law at the University of
Western Ontario Law School, where he obtained his LL.B. in 1985.

Navin Joneja  Mr. Joneja is a Partner in the Competition, Antitrust & Foreign Investment Group of Blakes Cassels & Graydon LLP where his practice encompasses a wide range of competition issues. Mr. Joneja regularly advises clients engaged in mergers, joint ventures and other types of strategic alliances concerning the notification and clearance provisions of the Competition Act and the Investment Canada Act (ICA). He also counsels clients concerning potentially anticompetitive business practices as well as on corporate competition law compliance programs and
developments in international antitrust/competition law matters.
Mr. Joneja has expertise in representing foreign-based businesses seeking to invest in Canada and has secured regulatory approval under the ICA for several high-profile transactions. He also has
experience in the area of foreign investment (Exon-Florio) reviews from his time practising law in Washington, D.C. Mr. Joneja has also advised a range of business, governmental and nongovernmental
entities on domestic and international trade litigation with respect to the North American Free Trade Agreement and the World Trade Organization, foreign market access, export controls, anticorruption laws, and other business compliance measures. Mr. Joneja has been involved in many complicated and high-profile merger transactions. Recent transactions include: Visa Inc. in connection with Canadian Competition law matters, Maple Group Acquisition Corporation, as co-counsel in connection with its
acquisition of TMX Group Inc.; McKesson Corporation in connection with its announced acquisition in 2012 of the Katz Group Canada Inc.; BHP Billiton PLC in connection with its offer to acquire Potash Corporation of Saskatchewan and Cliffs Natural Resources Inc. on its acquisition of Consolidated Thompson Iron Mines Ltd. Mr. Joneja completed his LL.B. from the University of Toronto in 1996, and his LL.M. from New York University School of Law in 1999 and was called to the bar in Ontario in 1998 and in
New York State in 2000. He currently serves as vice-chair of the Canadian Bar Association's Competition Law Section (Legislation and Policy Committee) and is also an active member of the American Bar Association and the Canadian Chamber of Commerce/Canadian Counsel for International Business. Mr. Joneja has been recognized as a leading competition law practitioner in the following publications: Chambers Global: The World’s Leading Lawyers for Business 2012; Global Competition Review as one of the top “40 under 40” competition lawyers worldwide; Law Business Research’s Who’s Who Legal: Canada 2012 (Competition Law).
 
Chris Margison is a Partner in the Competition & Foreign Investment Review practice at Davies Ward Phillips & Vineberg LLP. He has represented and advised clients on many aspects of competition law, including mergers, price fixing, strategic alliances, distribution and pricing practices, and misleading
advertising matters. He has experience working at the Competition Bureau, in what is now known as the Fair Business Practices Branch and is a Vice-Chair of the Canadian Bar Association,
Competition Law Section, Marketing Practices Committee.

Blake Cassels & Graydon LLP
Davies Ward Phillips & Vineberg LLP

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