On behalf of the Executive, I would like to wish everyone a Happy New Year.
LEGISLATIVE DEVELOPMENTS
The Section has been busy responding to Bill C-56, Affordable Housing and Groceries Act, Bill C-59, Fall Economic Statement Implementation Act 2023 and the Competition Bureau’s consultation on its draft Bulletin on Amendments to the Abuse of Dominance Provisions. Thank you to all who participated in preparing the comments.
While the Section had a limited opportunity to comment on the legislation itself, we are encouraging the Competition Bureau to move quickly to release updated guidelines on abuse of dominance and collaborations once the legislation is enacted. The Section will participate in future consultations as they arise. Please reach out to the Reviewable Matters Committee if you would like to participate.
We will also be engaged in the Bureau-Bench-Bar Committee as processes are established to implement any expanded private access regime that is introduced. The Foreign Investment Review Committee (FIRC) will engage in consultations with the Foreign Investment Review and Economic Security Branch (FIRES) of ISED on the regulations resulting from Bill C-34 – National Security Review of Investments Modernization Act once enacted.
SPRING CONFERENCE – MAY 1-2, 2024 (MONTREAL, QC)
We are excited to present the 2024 Competition Law Spring Conference titled Old Port – New Tech in Montreal’s Old Port on May 1-2, 2024 at the Hotel Nelligan. The theme of the Spring Conference, co-chaired by Joshua Krane (McMillan LLP) and Pascale Dionne-Bourassa (Bennett Jones LLP), is “Exploring the Future”.
The conference will include a discussion of hot topics such as acquisitions of emerging tech companies, video gaming, artificial intelligence and the anticipated explosion of competition litigation in light of the impending changes to Canada’s competition laws.
The conference offers valuable networking opportunities and a chance to enhance your professional expertise, connect with industry leaders, share insights and explore Montreal!
As a special highlight, “First Light”, the painting created by Colleen Gray during a live painting session at the CBA Fall 2023 Conference will be auctioned or raffled off at the Spring Conference.
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First Light by Colleen Gray (Watercolour on Arches cold pressed paper – October 26, 2023)
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More details on the Spring Conference will be shared soon. We hope you can join us in Montreal! Simultaneous interpretation will be available in English and French.
If you missed the Fall Conference or want to recap, recordings are available on-demand!
COMMITTEE UPDATES
Join the Committee listservs to participate in our Committees and follow us on LinkedIn and X/ Twitter to stay up-to-date! The Committees put together dozens of successful CLE, networking and social events – an easy (and free) way to keep abreast of the latest developments.
Details on upcoming and past events are available on each of the Committee webpages and I encourage all Section members to look for opportunities to get involved in the Committees.
CRIMINAL MATTERS COMMITTEE
Regulating Reverse Payment Settlements in Canada – February 01, 2024
The US & EU have long examined reverse payment patent (aka “pay-for-delay”) settlements. In the US, settling parties must notify the FTC of these agreements. The Competition Bureau Canada recently advocated for a similar system. This program will examine pay-for-delay settlements in Canada, what Canada can learn from other jurisdictions, and whether Canada should implement a notification system.
This presentation is free for CBA members.
REGISTER NOW →
MEMBER ARTICLES
Check out our latest member article: Privilege in criminal offences by Nikiforos Iatrou and William Rooney.
CANADIAN COMPETITION LAW REVIEW (CCLR)
Check out the Winter edition of the Canadian Competition Law Review (CCLR) on our newly revamped website! Previous issues are still available on the CBA’s webpage.
CCLR is traditionally published twice annually, and submissions are accepted year-round. Submissions may be original articles, case comments, book reviews, and essays on significant current issues in competition law and economics.
The deadline for submissions for the 2024 spring edition is March 1, 2024.
COUNTERFACTUAL PODCAST
Listen to the latest podcast, titled “Cleanup in Aisle 4: Canada Tackles the Grocery Industry” with guest Dr. Sylvain Charlebois, Professor, Director, Agri-Food Analytics Lab, Dalhousie University.
Subscribe to the Counterfactual Podcast so you never miss an episode. You are encouraged to listen regularly wherever you get your podcasts, including Apple Podcasts and Google Podcasts.
2024 ADAM F. FANAKI COMPETITION LAW MOOT
Our Section, the Competition Bureau and the Competition Tribunal are planning the 6th annual Adam F. Fanaki Competition Law Moot, which will be held March 22-23, 2024 in Toronto, ON.
We are seeking volunteers from the bar to act as factum judges. Students’ submissions are due January 26 and February 9, and factum judges will have until March 15 to evaluate the papers. Please note that submissions will be written in both French and English, and we ask that volunteers be prepared to work in both languages.
If you would like to volunteer as a factum judge, or should you have any questions, please contact us.
ABA WOMEN.CONNECTED
The ABA Antitrust Law Section’s Women.Connected Committee is going global and is looking for women in Canada to join the network. The goals of Women.Connected are to attract, retain, and promote women in competition and consumer protection to increase diversity, inclusion, and leadership in their respective practices, increase membership in the ABA Section of Antitrust Law from this large, underutilized pool, and provide more robust and impactful legal and policy work that only comes from diverse perspectives and experiences.
I joined Fiona Schaeffer, Chair, ABA Section of Antitrust Law in New York on December 6 for “Two Chairs, One Conversation: Meeting the CBA and ABA Competition Chairs”. The event was moderated by fellow Canadian, Lexi Michaud (Fried Frank). Follow Women.Connected on LinkedIn and keep a look out for future events!
Thank you,
Elisa Kearney
Davies Ward Phillips & Vineberg LLP
Chair, CBA Competition Law and Foreign Investment Review Section 2023-2024