Welcome to the September issue of Blakes Competitive Edge, a monthly publication of the Blakes Competition, Antitrust & Foreign Investment group. Blakes Competitive Edge provides an overview of recent developments in Canadian competition law, including updates on enforcement activity by the Canadian Competition Bureau (Bureau), recent initiatives and key trends.
Key Highlights
- Merger activity in 2022 remains strong, with 145 merger reviews completed through the end of August. This is a 0.7% decrease over the number of reviews completed in the same period in 2021 (146).
- Commissioner of Competition enters into three consent agreements relating to acquisitions of retail gas stations
- Performance Measurement and Statistics Report shows a substantial increase in merger review activity in the Bureau's 2021-22 fiscal year
- Federal Court of Appeal upholds order granting the defendants' motion to strike the plaintiffs' statement of claim, while cautioning that Bureau policy statements "do not tell us what a statute means"
Merger Monitor
August 2022 Highlights
- 16 merger reviews completed
- Primary industries: mining, quarrying, and oil and gas extraction (25%); retail trade (25%); wholesale trade (13%) administrative and support, waste management and remediation services (13%)
- 3 consent agreements (remedies) filed
- Seven transactions received an Advance Ruling Certificate (44%), six transactions received a No Action Letter (38%)
January - August 2022 Highlights
- 144 merger reviews completed
- Primary industries: real estate and rental and leasing (19%) manufacturing (14%); mining, quarrying, and oil and gas extraction (13%); wholesale trade (12%)
- 6 consent agreements (remedies) filed
- 78 transactions received an Advance Ruling Certificate (54%) 61 transactions received a No Action Letter (42%)
Merger Enforcement
Competition Bureau reaches agreement with Couche-Tard regarding acquisition of Wilsons gas stations
- On August...