Competition Bureau to Study Competition in Grocery Sector; Proposes Launch of Merger Registry
The Competition Bureau is launching a market study of grocery store competition in Canada. This comes on the heels of mounting political pressure surrounding increased grocery prices. Market studies are not law enforcement investigations; instead, the Bureau will listen to stakeholders and conduct research to make suggestions about how government can increase competition among grocery retailers.
Specifically, the Bureau wants to find out how changing competitive dynamics are impacting grocery store prices and examine what governments can do to lower barriers to entry and stimulate competition. The focus of the study is retail competition, and the Bureau does not plan to focus on issues relating to suppliers.
The Bureau will seek voluntary information and cooperation from market participants and industry experts. In contrast to other jurisdictions (e.g., United States, European Union, United Kingdom), the Competition Bureau cannot compel cooperation with its market studies. In the United States, for example, the US FTC has an ongoing market study into competition in the grocery sector, which it launched in 2021.
The study is on an expedited timeline. The Bureau is accepting written submissions from stakeholders until December 16, 2022, and plans to publish its final report in June 2023.
Proposed Launch of Register of Ongoing Merger Reviews
The Bureau has published a new Information Bulletin on Transparency. These guidelines suggest the Bureau may soon list in real time, ongoing mergers being investigated by the Bureau.
Since 2012, the Bureau has maintained a register of concluded merger reviews. Presently, it is uncommon for the Bureau to publicly confirm an ongoing investigation, except in very high-profile matters.
The Bureau has not indicated how its proposed ongoing merger register will approach non-notifiable mergers (i.e., discretionary investigations of transactions that fall below the dollar thresholds for pre-merger notification). Nor has the Bureau provided guidance on how it will approach transactions that have notified regulators prior to a public announcement.
For further information concerning these developments, please contact any member of our Competition and Foreign Investment Group.
Expertise
Authors
Insights
-
Mining
Ontario Proposes Limits on Critical Mineral and Essential Infrastructure Investments by Non-Canadians
In a political environment charged with concerns about foreign control over critical minerals and essential infrastructure, the Ontario government has introduced new legislation to safeguard those… -
Competition and Foreign Investment
Just Watch Me, Canadian Competition Law Review 2025
Kate McNeece co-authored the article "Just Watch Me: Procedural Fairness Under the Investment Canada Act's National Security Regime" for Canadian Competition Law Review 2025. This article investigates… -
Competition and Foreign Investment
The Investment Canada Act in Rapidly Changing Times
The decision of the U.S. government to at least temporarily impose 25% tariffs on most Canadian exports raises novel questions about the treatment of U.S. investments into Canada. This update… -
Competition and Foreign Investment
Competition Bureau Continues Enforcement Against Restrictive Covenants in Grocery Leases
The Competition Bureau announced yesterday that it has entered into an agreement with Empire Company (the parent company of Sobeys, IGA and others grocery chains) to remove a ‘property control’ that… -
Capital Markets
Canada Initiates Consultations and Proposes New Measures to Strengthen Anti-Modern Slavery Efforts
The Fighting Against Forced Labour and Child Labour in Supply Chains Act (the “Act”) came into force on January 1, 2024, implementing enhanced reporting requirements for certain entities to combat… -
Competition and Foreign Investment
The Cineplex Decision – A New Chapter Opens in Canadian Competition Law
The Competition Tribunal released its reasons in Commissioner v. Cineplex on October 3, 2024. It is the first decision under the Competition Act’s “drip pricing” misleading advertising provision…
Featured Work
-
Restructuring
Endo International plc completes global restructuring
Goodmans LLP acted as Canadian legal counsel to the Endo Group (or the “Company”) in connection with its restructuring initiatives, transaction matters, negotiated resolutions with Canadian… -
Restructuring
Xplore completes CBCA recapitalization and restructures satellite business through RVO
Goodmans LLP acted as Canadian legal counsel to Xplore Inc. in connection with its recapitalization, restructuring, financing, regulatory, governance and business initiatives, including its review of… -
Restructuring
Tacora Resources Inc.’s CCAA restructuring
Goodmans LLP acted as counsel to Cargill, Incorporated and Cargill International Trading Pte Ltd. (collectively “Cargill”), in connection with the restructuring proceedings of Tacora Resources Inc… -
Mining
Paulson and NOVAGOLD RESOURCES INC. to acquire Barrick Gold Corp.’s 50% stake in Donlin Gold LLC for US$1 billion
Goodmans LLP is advising Paulson & Co Inc. in connection with a backstop financing commitment entered into as part of its agreement to jointly acquire with NOVAGOLD RESOURCES INC. a 50% interest… -
Mergers and Acquisitions
Andlauer Healthcare Group to be acquired by UPS
Goodmans LLP is acting for Andlauer Healthcare Group (“AHG”) in connection with a definitive arrangement agreement with affiliates of UPS under which UPS has agreed to acquire AHG via an all-cash… -
Mining
Newmont Corporation completes its non-core divestiture program
Goodmans LLP acted as primary counsel to Newmont Corporation on various divestitures…
News & Events
-
Aging and Health Care
The Canadian Legal Lexpert Directory 2025 Once Again Recognizes Goodmans
We are proud to announce Goodmans LLP continues to be recognized in the 2025 edition of The Canadian Legal Lexpert Directory.Congratulations to the 96 Goodmans lawyers recognized as leaders across… -
Competition and Foreign Investment
Kate McNeece host of CBA’s Counterfactual Podcast: Fair Trade?: North American Competitiveness, Tariffs and Trade with Professor Meredith Lilly
Goodmans Counsel Kate McNeece hosts CBA’s Counterfactual podcast episode 22, Fair Trade?: North American Competitiveness, Tariffs and Trade with Professor Meredith Lilly. Kate McNeece speaks with… -
Mergers and Acquisitions
Goodmans Advises Welltower Inc. in Connection with its Acquisition of a portfolio from Amica Senior Lifestyles and Ontario Teachers' Pension Plan
Goodmans is advising Welltower Inc. in connection with its announced acquisition of a portfolio of senior housing communities from Amica Senior Lifestyles and Ontario Teachers' Pension Plan for…