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Blakes Competitive Edge™: July 2023 Update

July 20, 2023

Welcome to the July 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 review activity in 2023 continues to lag behind historical averages, with the Bureau completing only 87 merger reviews through the end of June 2023, 22% fewer than the number completed in June 2022 (111) and 19% fewer than the number completed in June 2021 (107). In fact, in the last decade, the Bureau has completed fewer reviews by the end of June only once – in 2020 (74), when merger review activity in Canada slowed considerably due to the onset of the COVID-19 pandemic.

  • The Bureau publishes a market study report on the Canadian grocery industry.

  • The Bureau files a submission in connection with the Canadian Radio-television and Telecommunications Commission’s (CRTC) review of the wholesale high-speed access service framework.

Merger Monitor

June 2023 Highlights

  • 13 merger reviews completed

  • Primary industries: real estate and rental and leasing (23%); manufacturing (23%); finance and insurance (15%)

  • Six transactions received an Advance Ruling Certificate (46%); seven transactions received a No Action Letter (54%)

January – June 2023 Highlights

  • 87 merger reviews completed

  • Primary industries: manufacturing (23%); mining, quarrying, and oil and gas extraction (17%); finance and insurance (15%); real estate and rental and leasing (13%); wholesale trade (7%); utilities (6%)

  • Two consent agreements (remedies) filed

  • One judicial decision filed

  • 36 transactions received an Advance Ruling Certificate (41%); 48 transactions received a No Action Letter (55%)

Merger Reviews Completed in 2023 by Primary Industry

Graph showing merger reviews completed in 2023 by primary industry

Non-Enforcement Activity

Bureau publishes market study report with recommendations to promote competition in the Canadian grocery industry

  • On June 27, 2023, the Bureau released a market study report titled Canada Needs More Grocery Competition. This report examines the state of competition in the Canadian grocery industry, identifies barriers to increasing competition and explores the role that can be played by independent grocers and other emerging business models. The report also sets out the Bureau’s four recommendations to improve competition in the grocery industry, namely creating a whole-of-government strategy to support new grocery businesses, encouraging growth and entry among independent grocers, introducing unit pricing requirements to empower consumer choice and limiting property controls in the grocery industry.

Bureau files submission to CRTC review of wholesale high-speed access service framework

  • On June 22, 2023, the Bureau made a submission to the CRTC to assist the CRTC in its review of the wholesale high-speed access service framework. The submission recommended how to analyze competition in the Canadian internet industry, provided considerations for the design of the CRTC’s wholesale high-speed access service framework and identified ways to boost competition.

Competition Act amendments regarding wage-fixing and no-poach agreements now in effect

  • On June 23, 2023, the new criminal prohibition against agreements between employers to fix, maintain, decrease or control wages or other terms or conditions of employment (wage-fixing agreements) or not to solicit or hire each other’s employees (no-poach agreements) came into effect. For more information regarding these amendments to the Competition Act, see our June 2023 Blakes Bulletin: Update: Amendments to Canada’s Competition Act Now in Effect.

Investment Canada Act

Non-Cultural Investments

Highlights

  • Information regarding Investment Canada Act decisions since March 2023 has not yet been published and will be addressed in a subsequent edition of Blakes Competitive Edge.

Blakes Notes

Contact Us

If you have any questions, please do not hesitate to contact your usual Blakes contact or any member of the Blakes Competition, Antitrust & Foreign Investment group.

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