Competition Act

Inter-Cité Construction to pay $150,000 in territory allocation settlement

Retrieved on:

Friday, October 20, 2023

Public Prosecution Service of Canada, The Competition Act, 2002, Receiver General for Canada, Competition Act, Transports, Bureau, Superior Court of Quebec, Competition Bureau, Competition, Public, Superior court, Quebec, Pharmaceutical industry, QC

This payment is part of a settlement reached between the Public Prosecution Service of Canada and Inter-Cité, and filed yesterday in the Superior Court of Quebec.

Key Points:

This payment is part of a settlement reached between the Public Prosecution Service of Canada and Inter-Cité, and filed yesterday in the Superior Court of Quebec.
The settlement stems from an investigation by the Competition Bureau into the company's role in a scheme that targeted public contracts in the Saguenay-Lac-Saint-Jean region between 2008 and 2010.
As part of the settlement, the company has also implemented a corporate compliance program , which is designed to prevent its employees from engaging in other anti-competitive activities.
"Agreements between competitors, such as those involving the allocation of markets or territories, drive up the cost of public contracts.

The Dufresne Group to pay $3.25 million penalty to settle Competition Bureau concerns over marketing claims

Retrieved on:

Wednesday, September 27, 2023

The Competition Act, 2002, Competition Act, Bureau, Appliance, Ashley HomeStore, Sale, Competition Bureau, TDG, Retail, QC

The Bureau also found that they made marketing claims to consumers that gave the false or misleading impression that deals on certain products would no longer be available after a certain time, when this was not the case.

Key Points:

The Bureau also found that they made marketing claims to consumers that gave the false or misleading impression that deals on certain products would no longer be available after a certain time, when this was not the case.
For example, the deal was still available after a countdown timer expired.
The companies made both types of claims on their websites, in-store and via various advertising channels.
All businesses in Canada should review their marketing practices and make sure they comply with the law.

Government of Canada publishes What We Heard Report on the Future of Canada's Competition Policy Consultation

Retrieved on:

Thursday, September 21, 2023

FOIA Oversight and Implementation Act of 2014, The Honourable, Competition Act, Policy, Government, Competition, Future, Competition law, Government of Canada, Renewable energy, Science

Today, the Honourable François-Philippe Champagne, Minister of Innovation, Science and Industry, announced that the Government of Canada has released its What We Heard Report on the Future of Canada's Competition Policy Consultation , a summary of what the government heard through broad, public consultation with stakeholders and citizens.

Key Points:

Today, the Honourable François-Philippe Champagne, Minister of Innovation, Science and Industry, announced that the Government of Canada has released its What We Heard Report on the Future of Canada's Competition Policy Consultation , a summary of what the government heard through broad, public consultation with stakeholders and citizens.
The government continues to review the input gathered through the consultation and assess how to further strengthen our competition law and policy framework.
Today, we are releasing the What We Heard Report on the Future of Canada's Competition Policy Consultation.
In addition to taking immediate legislative actions, we will continue to undertake a comprehensive review of our competition law and policy framework.

The Competition Bureau lays charges against two executives in a bid-rigging case in Montérégie

Retrieved on:

Tuesday, September 19, 2023

The Competition Act, 2002, Competition Act, Bureau, Construction, Court of Quebec, Competition, Transports, MTQ, Competition Bureau, Auction, QC

Marcel Roireau and Serge Daunais are charged under the bid-rigging provisions of the Competition Act.

Key Points:

Marcel Roireau and Serge Daunais are charged under the bid-rigging provisions of the Competition Act.
The evidence gathered by the Competition Bureau suggests that the accused individuals allegedly participated in an illegal agreement with their competitors to submit cover bids in response to the calls for tenders launched by the MTQ in 2008.
The Bureau also has a Whistleblowing Initiative for those who believe they can provide information about a potential violation of the Competition Act.
If you suspect someone is engaging in collusive activity or bid-rigging, contact the Competition Bureau immediately to report the offence .

Fighting for the middle class

Retrieved on:

Thursday, September 14, 2023

LONDON, ON, Sept. 14, 2023 /CNW/ - A strong middle class means a strong Canada.

Key Points:

LONDON, ON, Sept. 14, 2023 /CNW/ - A strong middle class means a strong Canada.
The Prime Minister, Justin Trudeau, today announced a suite of new measures to support the middle class and people working hard to join it.
"We made a commitment to stand up for the middle class, and we will not stop fighting until everyone has a real and fair chance to succeed.
"Our priority since 2015 has been to build a strong middle class so everyone can succeed, but there is more work left to do.

Despite legal costs awarded to Rogers-Shaw, the competition commissioner’s challenge to the telecom merger was not a waste of taxpayer money

Retrieved on:

Saturday, September 16, 2023

On Aug. 28, the tribunal ruled that the commissioner’s approach to block the merger was “unreasonable,” although the Competition Bureau stands by its decision to challenge it.

Key Points:

On Aug. 28, the tribunal ruled that the commissioner’s approach to block the merger was “unreasonable,” although the Competition Bureau stands by its decision to challenge it.
Since the costs will be covered by the Competition Bureau’s tax-funded budget, some think the commissioner was wrong to challenge the merger.
Since winners typically get some of their legal costs covered, it was never a question of whether Rogers and Shaw would be awarded compensation, but how much.

How costs are calculated

In competition cases, the tribunal has the final say on costs.
To better understand the tribunal’s decision we need to distinguish between two categories of costs: disbursements and legal fees.
Since tariffs have not kept pace with increasing legal costs, it has become more common for amounts to be calculated as a percentage of actual fees.
Regardless of the method used, however, the reimbursement is meant to cover only some of the actual legal fees incurred.

The tribunal’s decision

However, it’s important to put this part of the tribunal’s decision in perspective.
Its impact on the $13 million total was very small, since the vast majority (about 94 per cent) of it was for disbursements, not legal fees.
The tribunal also chose to impose the lower of two estimates that Rogers and Shaw proposed.
“It was by no means vexatious or irresponsible of him to [continue to pursue the case].

Contested cases are uncertain

Enforcement agencies like the Competition Bureau have a duty to pursue cases they consider to be well-founded and in the public interest.
Fighting uphill battles that require sophisticated arguments, or test new theories, are part of the job.
As people assess whether Boswell’s legacy should be continued, it’s important to base it on more than a few misunderstood lines in a judgment.

Federal Court of Appeal upholds Competition Bureau's successful challenge of Secure and Tervita merger

Retrieved on:

Wednesday, August 2, 2023

Petroleum, Competition Act, Federal Court of Appeal, Federal court, Competition Tribunal, Competition, Secure Energy Services, Tribunal, Columbia, Natural gas, Tervita, Competition Bureau, WCSB, Sport, Oil, QC, Bureau

GATINEAU, QC, Aug. 2, 2023 /CNW/ -The Federal Court of Appeal has dismissed a petition by Secure Energy Services, upholding the Competition Bureau's successful challenge of the merger of two rival suppliers of oilfield waste services.

Key Points:

GATINEAU, QC, Aug. 2, 2023 /CNW/ -The Federal Court of Appeal has dismissed a petition by Secure Energy Services, upholding the Competition Bureau's successful challenge of the merger of two rival suppliers of oilfield waste services.
Secure's appeal looked to overturn a recent decision by the Competition Tribunal that ordered the company to sell 29 facilities to resolve ongoing harm to competition in Western Canada.
The Tribunal concluded that there was a substantial lessening of competition in 136 local markets in the Western Canadian Sedimentary Basin (WCSB) as a result of Secure's merger with Tervita Corporation.
In its decision, the Federal Court of Appeal found no merit in any of the issues raised by Secure in its appeal.

Pipestone Energy Corp. Enters into Agreement to be Acquired by Strathcona Resources Ltd. in an All-Share Transaction, Creating a New Public Canadian Oil & Gas Champion

Retrieved on:

Tuesday, August 1, 2023

Opportunity to Grow Business Organically to >325,000 boe / d:

Key Points:

Opportunity to Grow Business Organically to >325,000 boe / d:
Staged approach to growth, taking advantage of the most capital-efficient projects first:
3.
Strathcona and Pipestone have entered into the Arrangement Agreement to effect the Transaction through a plan of arrangement under the Business Corporations Act (Alberta).
This link will provide each registrant with a toll-free dial-in number and a unique PIN to connect to the call.
CIBC Capital Markets, Scotiabank and Mizuho Securities USA are acting as financial advisors to Strathcona in connection with the Transaction.

Increasing monopoly power poses a threat to Canada's post-pandemic economic recovery

Retrieved on:

Sunday, July 16, 2023

A select few corporations dominate key sectors, leading to reduced competition, rising prices and limited purchase options for consumers.

Key Points:

A select few corporations dominate key sectors, leading to reduced competition, rising prices and limited purchase options for consumers.
A recent report from the Competition Bureau found that a lack of competition in the grocery sector is resulting in higher food prices.
The grocery industry is dominated by five major players — Loblaws, Metro, Empire (the owner of Sobeys), Walmart and Costco.

History of monopolies

Canada’s economy has historically been marked by notable monopolies, thanks to its vast geographical expanse and relatively sparse population.
Entities like the Hudson’s Bay Company and Canadian Pacific Railway company played significant roles in the country’s development.
This largely happened out of concern that domestic companies would be overwhelmed by American competitors unless they grew significantly.

The Rogers-Shaw merger

Despite these conditions, some remain skeptical about the impact of the merger on competition in Canada’s telecommunications sector.
Some critics have argued the merger may lead to higher prices for consumers and less innovation.
The merger could lead to a dominant market share in Ontario, reducing competition and potentially leading to higher internet prices.

Loopholes in competition law

The merger has sparked controversy because it exploited weaknesses in Canada’s anti-monopoly law, the Competition Act, to push the deal through.
As Canada’s competition watchdog, the Competition Bureau can review mergers to determine if they will be harmful to competition.

Challenges and opportunities

Monopolies have the potential to stifle innovation — a key driver of economic growth, as a lack of competition tends to dampen innovative efforts.
As Canada embarks on its post-pandemic economic recovery, policymakers must ensure economic resilience and inclusiveness while preventing existing monopoly issues from worsening.

NFI provides timing update on its comprehensive refinancing plan and schedules second quarter 2023 financial results and conference call for August 2, 2023

Retrieved on:

Monday, June 26, 2023

John J. Moran Medium Security Facility, Energy Savings and Industrial Competitiveness Act of 2013, Export Development Canada, Private, Competition Act, Toronto Stock Exchange, Meeting, Element, Private placement, Documentation, Hart–Scott–Rodino Antitrust Improvements Act, OTC, Webcast, TSX, Proxy, NFI, Security (finance), Commercial property, Share (finance)

WINNIPEG, Manitoba, June 26, 2023 (GLOBE NEWSWIRE) -- (TSX: NFI, OTC: NFYEF, TSX: NFI.DB, TSX: NFI.R) NFI Group Inc. (the “Company”), a leader in zero-emission electric mobility solutions, today provided an update on the expected timing to complete its previously announced comprehensive refinancing plan (the “Refinancing Plan”).

Key Points:

WINNIPEG, Manitoba, June 26, 2023 (GLOBE NEWSWIRE) -- (TSX: NFI, OTC: NFYEF, TSX: NFI.DB, TSX: NFI.R) NFI Group Inc. (the “Company”), a leader in zero-emission electric mobility solutions, today provided an update on the expected timing to complete its previously announced comprehensive refinancing plan (the “Refinancing Plan”).
NFI expects to concurrently complete all elements of its Refinancing Plan prior to the release of its second quarter financial results on Wednesday, August 2, 2023.
Listing is subject to NFI fulfilling all of the requirements of the TSX on or before September 22, 2023.
NFI will release its second quarter 2023 financial results on Wednesday, August 2, 2023, prior to market open.