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Canadian Competition, Antitrust and Foreign Investment

February-25-2016

Area Competition, Antitrust and Foreign Investment

Summary

Competition, antitrust and foreign investment matters continue to attract significant attention in Canada. The Government of Canada is pursuing a consumer-focused agenda that includes more vigorous enforcement of Canada’s anti-cartel laws. At the same time, the Competition Bureau has signalled its resolve to continue to investigate and prosecute difficult cases and a greater willingness to cooperate with the competition authorities of other countries in major international investigations.  Although the Competition Tribunal has recently reinforced the evidentiary hurdles for private litigants to bring private enforcement proceedings before it, Canadian courts have opened the doors to greater private enforcement of Canada’s competition laws through class proceedings.  Foreign investment, and in particular investment by state-owned enterprises, is also under increased scrutiny by the Government of Canada. Strategic sectors of the Canadian economy, such as natural resources, technology and telecommunications, are also sectors of specific concern.

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