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Affleck Greene McMurtry LLP
365 Bay Street, Suite 200  ·  Toronto, Canada
416 360 2800  ·  info@agmlawyers.com

Competition Law

Pre-merger notification transaction size threshold increased to $77m

February 9th, 2012 | By Michael Osborne | Posted in Competition Law, Developments, Mergers

The Competition Bureau announced on February 7, 2012, that the pre-merger notification transaction size threshold will increase to $77 million, likely as of February 11, 2012. The party size threshold remains set at $400 million. Generally speaking, parties to proposed mergers must notify the Bureau in advance of closing where: The transaction relates to an [...]

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Competition Bureau promises greater transparency in merger review

February 9th, 2012 | By Michael Osborne | Posted in Competition Law, Developments, Mergers

On February 6, 2012, the Competition Bureau announced that it would start publishing monthly reports of concluded merger reviews. The reports will include the names of the parties, the industry sector involved, and the result of the Bureau's review. The Bureau has even published a sample report involving a fictitious transaction.

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New conspiracy provision of the Competition Act in action

January 9th, 2012 | By Brigid Wilkinson | Posted in Competition Law, Conspiracy, Criminal Matters

The Competition Bureau garnered its first conviction under the amended conspiracy provision of the Competition Act yesterday, as Domfoam International Inc. and Valle Foam Industries (1995) Inc. plead guilty to conspiracy and were fined $12.5 million. The investigation into the price-fixing of polyurethane foam has been ongoing since February 2010 and received cooperation through both [...]

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Quebec court raps plaintiffs’ knuckles

December 22nd, 2011 | By Michael Osborne | Posted in Class Actions and Other Private Actions, Competition Law, Criminal Matters

The Quebec Superior Court recently granted an unusually strict protective order to defendants in a class action to prevent evidence from the class action finding its way into parallel criminal proceedings against them. The defendants are a group of gas station owners (both corporations and individuals) who have been charged with conspiring to fix retail [...]

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Class action waiver upheld in competition case

December 5th, 2011 | By Michael Osborne | Posted in Arbitration, Class Actions and Other Private Actions, Competition Law, Private Actions

In a recent decision, the Federal Court of Canada enforced a class action waiver and an arbitration clause in a private action under section 36 of the Competition Act.[1] The decision is significant because it clearly states two important principles: Class action waivers will be enforced unless they are contrary to statute Claims alleging breaches [...]

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