Welcome to the June 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 and foreign investment law, including updates on enforcement activity by the Canadian Competition Bureau (Bureau), recent initiatives and key trends.
Key Highlights
- Merger review activity in 2026 increases compared to last year, with the Bureau completing 95 merger reviews through the end of May 2026, as compared to 85 merger reviews through May 2025.
- The Bureau reaches a consent agreement with Parrish & Heimbecker Limited in relation to its proposed acquisition of grain elevators from GrainsConnect.
- Three private litigants seek leave to bring abuse of dominance applications against Apple, eTracks Tire Management System and Pepsi.
Competition Act
Merger Monitor
May 1 – May 31, 2026 Highlights
- 28 merger reviews announced, 18 merger reviews completed, with reviews taking 51 calendar days on average
- Primary industries of completed reviews: wholesale trade (22%); manufacturing (22%); finance and insurance (17%)
- Five transactions received an Advanced Ruling Certificate (28%); nine transactions received a No Action Letter (50%); two transactions were resolved through other means; one transaction was abandoned by the merging parties; and one transaction was completed via consent agreement
January – May 31, 2026 Highlights
- 102 merger reviews announced, 95 merger reviews completed, with the reviews taking 47 calendar days on average
- Primary industries of completed reviews: manufacturing (22%); mining, quarrying and oil and gas extraction (15%); real estate, rental and leasing (9%)
- 34 transactions received an Advanced Ruling Certificate (36%); 53 transactions received a No Action Letter (56%); four transactions were resolved through other means; three transactions were completed via consent agreement; and one transaction was abandoned by the parties
Merger Reviews Completed Year to Date Through May 31, 2026, by Primary Industry
Bureau Enforcement Activity
Bureau Reaches Consent Agreement With Parrish & Heimbecker in Relation to its Acquisition of Grain Elevators
- On May 22, 2026, the Bureau announced that it had reached a consent agreement with Parrish & Heimbecker Limited (P&H) to address concerns related to P&H’s proposed acquisition of GrainsConnect Canada Operations Inc. (GrainsConnect). The Bureau concluded that the transaction would reduce competition for the purchase of wheat from farmers in Reford, Saskatchewan and surrounding areas. The consent agreement requires P&H to sell GrainsConnect’s grain elevator business in Reford, Saskatchewan to a buyer approved by the Commissioner of Competition.
Private Access Activity
Private Applicants Seek Leave to Bring Applications Against Apple, eTracks Tire Management System and Pepsi
- On May 7, 2026, Rave Inc. (Rave) filed an application for leave from the Competition Tribunal (Tribunal) to bring an abuse of dominance application against Apple Canada Inc. and Apple Inc. (Apple). Rave, a developer of an application that allows users to simultaneously view content on streaming services with other users, alleges that Apple abused its dominant position in application distribution by removing the Rave app from the App Store without notice. Rave argued that, in doing so, Apple eliminated Rave as a direct competitor of their SharePlay application.
- On May 11, 2026, All Star Transportation and Tire Recycling Ltd. (All Star) filed an application for leave from the Tribunal to bring an abuse of dominance application against eTracks Tire Management Systems Inc. (eTracks). All Star alleges that eTracks, a Producer Responsibility Organization of used tires in Ontario, abused its dominant position in the collection, transportation and delivery of used tires in Ontario by terminating its hauling agreement with All Star. The termination resulted in detrimental losses for All Star.
- On May 25, 2026, Guru Organic Energy Corp. (Guru) filed an application for leave from the Tribunal to bring an abuse of dominance application against The Pepsi Bottling Group (Canada) ULC (Pepsi). In a press release, Guru alleges that Pepsi abused its dominant position in the distribution of non-alcoholic beverages in Canada by using shelf allocation to disadvantage an independent competing brand in favour of Pepsi-owned and Pepsi-affiliated products. Guru also filed a statement of claim at the Ontario Superior Court of Justice against Pepsi for breaches of the parties’ distribution agreement and breach of confidence.
Non-Enforcement Activity
Bureau Publishes Guide on Competition for Procurement Authorities
- On May 27, 2026, the Bureau published a guide directed at government workers involved in public procurement. The guide focuses on the importance of designing procurement frameworks or calls for tenders to facilitate competition in procurement processes. The Bureau claims that factoring competition into procurement processes and frameworks can promote fairness, support supply chains and increase opportunities for small and medium-sized enterprises.
Bureau Releases Article and Hosts Workshop Exploring Artificial Intelligence Principles
- On May 20, 2026, the Canadian Digital Regulators Forum (CDRF) published an article on the development and use of artificial intelligence (AI) from a regulatory perspective. The CDRF is a partnership between the Bureau, the Canadian Radio-television and Telecommunications Commission, the Office of the Privacy Commissioner of Canada and the Copyright Board of Canada, established to collaborate on matters surrounding digital markets. The Bureau contributed opinions on the importance of transparency and accountability with respect to the development and use of AI. On May 21, 2026, the CDRF hosted an interactive workshop to bring together stakeholders in discussing regulatory perspectives on AI. The workshop facilitated discussion on how AI is involved in competition, privacy and copyright law.
Investment Canada Act
Foreign Investment Monitor
Non-Cultural Investments
April 2026 Highlights
- 90 notifications filed (67 filed for acquisitions, 23 filed for the establishment of a new Canadian business)
- Country of ultimate control: United States (49%); France (9%); China (7%); Japan (6%); Pakistan (6%)
January – April 2026 Highlights
- Four reviewable investment approvals and 390 notifications filed (291 filed for acquisition, 99 filed for the establishment of a new Canadian business)
- Country of ultimate control: United States (60%); France (6%); United Kingdom (5%); Pakistan (5%); China (5%)
Investment Canada Act Non-Cultural Investment Filings and Approvals, January – April 2026
Blakes Notes
- On May 28, 2026, Blakes Partner Jonathan Bitran participated as a special guest on the Canadian Bar Association’s Marketing Practices Roundtable With the Competition Bureau.
- On June 8, 2026, Blakes Partner Julia Potter hosted an episode of the Counterfactual Podcast about the Canadian Bar Association’s Spring Conference. The conversation featured Joshua Chad (McMillan LLP) and Laura O’Laughlin (Analysis Group).
- Browse our thought-leadership insights from the Competition, Antitrust & Foreign Investment group to learn more.
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.