Blakes Competitive Edge™: December 2022 Update

Welcome to the December challenge of Breaks CompetitivenessBlakes Monthly competition, antitrust & foreign investment group. Breaks Competitiveness Provides an outline of latest developments in Canadian competitors legislation, together with an replace on enforcement exercise by the Canadian Competition Bureau (Bureau), latest initiatives and key developments.

main highlights

• Merger assessment exercise in 2022 continues to sluggish, with 184 merger opinions accomplished by the tip of November. This is a lower of 9.8% in comparison with the identical interval in 2021 (204).

• Bureau obtains court docket order to proceed with investigation of selling practices of Dufresne Group.

• The Department publishes its third closing report on Digital Healthcare Market Research. This report describes how adopting protection and mobility guidelines for well being care suppliers can result in better competitors and selection for members within the public well being system.

• The Minister for Innovation, Science and Industry, Canadian Investment Law Expand the nationwide safety assessment system and strengthen penalties for violations

merger monitor

Highlights for November 2022

• 16 merger opinions accomplished

• Primary Industries: Real Estate and Rentals and Leasing (31%); Mining, Quarrying, Oil and Gas Extraction (25%). Finance and Insurance (13%)

• Submission of a Zero Consent Agreement (Remedy)

• Nine transactions obtained an advance ruling certificates (56%). Received a no motion letter on 7 transactions (44%)

January-November 2022 Highlights

• 184 merger opinions accomplished

• Primary Industry: Real Estate and Rentals and Leases (18%). Mining, quarrying, oil and gasoline extraction (15%). Manufacturing (14%); Wholesale (12%); Finance and Insurance (10%)

• Submission of 6 agreements (treatments)

• 1 judgment filed

• 97 transactions obtained an advance ruling certificates (53%). 80 transactions obtained a No Action Letter (43%)

Merger execution actions

Witness testimony and oral argument conclude at Rogers Shaw listening to in competitors court docket

• The Secretariat’s listening to in its problem to the Rogers-Shaw merger concluded on December 14, 2022, after 4 weeks of witness testimony and two days of oral argument.of commissioner When Respondent Closing arguments had been filed on December 9, 2022, adopted by an oral abstract and presentation on December 13, 2022. Competition Court Chief Crampton said We wish to decide by Christmas if attainable.

Other enforcement actions

Bureau will get court docket order to advance investigation into advertising practices of Dufresne furnishings

• November 22, 2022, Secretariat announced Obtaining an order from the Federal Court of Canada compelling the Dufresne Group, Inc. (Dufresne) and its associates (TDG Furniture, Inc., DFA Operations, Inc., Furniture Investment Group, Inc.) to create data; and data regarding the Department’s investigation into allegations that Dufresne could have made false or deceptive emergency sign claims relating to the tip date of the sale and inflated the conventional costs utilized in making financial savings claims. . The bureau argues that claims of emergency cues comparable to “countdown clocks” could the truth is dictate that buyers should buy the product instantly earlier than the promotion ends when the promotion is renewed or changed by one other. We take the place that it might be false or deceptive if it gives the look that it have to be complied with. promotion.

non-executive exercise

Bureau publishes report on digital healthcare market

• On November 24, 2022, the Bureau introduced its third and closing report as a part of Market research within the digital healthcare market. The closing report examines the general public well being system and recommends methods for the Canadian authorities and policymakers to enhance how well being care suppliers function inside Canada’s public well being system. The report identifies present fee fashions, present licensing necessities throughout Canada, and present rules comparable to Scope of Practice guidelines {and professional} pointers as aggressive obstacles that restrict the power of healthcare suppliers to ship digital well being services. emphasizes the coverage of The Department has issued three suggestions to assist promote better competitors amongst well being care suppliers. and (iii) assessment and replace insurance policies to facilitate efficient adoption of digital healthcare. For station particulars, beginning When The second For stories on digital healthcare analysis, go to July 2022 When October 2022 version of Breaks Competitiveness.

Bureau submits to OECD Best Practice Roundtable on Competition Policy

• On 1 December 2022, the Secretariat made submissions in response to the 2 OECD. round table About competitors coverage. First, in a submission to the OECD Roundtable, Data screening tools in competitive research, The Bureau opinions the strategy and use of information screening algorithms in detecting cartel-like conduct in bid information. The Department sees such techniques as complementary to present legislation enforcement methods, such because the Department’s waivers and leniency program and collusion danger evaluation instruments. Second, in a submission to the OECD Roundtable, Disqualification of directors and exclusion of bidders, the Bureau discusses Canadian legislation and coverage. It considerations the disqualification of administrators and the disqualification of suppliers from bidding for future contracts. competitors legislationThe Office’s submission famous that the Office is contemplating making ready a proper coverage on disqualification of administrators, and that the chance of disqualification could embody waivers or leniency in accordance with the Office’s Waivers and Waivers Program. It means that Canada’s disqualification legal guidelines and insurance policies should be modified to exempt bidders who’re topic to motion. could forestall events from collaborating in such packages.

Canadian Investment Law

non-cultural funding

Highlights for August 2022

• There had been zero funding approvals out there for assessment and 98 notices had been filed (73 acquisitions and 25 new enterprise institutions in Canada).

• Investor nation of origin: United States (57%); Austria (5%); Hong Kong (4%); Switzerland (4%); Germany (4%); 3%)

January-August 2022 Highlights

• One reviewable funding approval and 753 notices had been filed (559 acquisitions and 194 new enterprise institutions in Canada).

• Investor Country: USA (55%); UK (6%); France (5%); China (3%); Hong Kong (3%); Austria (3%)

Canadian authorities proposes amendments Canadian Investment Law

• On 7 December 2022, the Minister for Innovation, Science and Industry (Minister) Canadian Investment LawIf handed, the amendments would impose new pre-closing submitting necessities on sure enterprise sectors, permit provisional situations to be imposed on investments topic to nationwide safety opinions, and permit ministers to take motion. It can be attainable to simply accept guarantees to mitigate potential nationwide safety dangers. , and introduce stronger penalties for violations Canadian Investment Lawand different adjustments. See December 2022 for extra particulars on the proposed amendments. breaking news.