Our lawyers regularly deal with the Competition Bureau and the Investment Review Division of Innovation, Science and Economic Development and the Cultural Sector Investment Review branch of Canadian Heritage.
Canada’s Competition Act is a broad collection of complex provisions that cover criminal offences, reviewable practices, and procedural issues, including merger notifications. Miller Thomson’s bilingual Competition/Antitrust and Foreign Investment Group has extensive experience that covers all aspects of the Competition Act and provides comprehensive and practical advice to businesses for any situation affecting a client’s position under the Act.
Our lawyers have obtained clearances under the Competition Act for hundreds of domestic, cross-border and international transactions. They also provide strategic advice to firms facing criminal and reviewable issues, including cartel and abuse of dominance investigations and related litigation. Our lawyers also routinely advise on marketing and advertising matters and work closely with clients to develop and deliver effective competition law compliance programs tailored to their business and risk profile.
In respect to our foreign investment review practice, our lawyers have successfully navigated the Investment Canada Act’s complex reviews and its national security review process on behalf of numerous foreign investors, including several state-owned enterprises.
Our expertise covers a wide range of areas:
- Mergers and Acquisitions: We guide clients through all aspects of the merger review process under the Competition Act and the Investment Canada Act
- Litigation / Class Actions: We handle all forms of competition law claims in government prosecutions and civil actions related to alleged price fixing or bid rigging, refusals to deal, abuse of dominance, and false and misleading representations.
- Investigations and Prosecutions: Our team specializes in the investigation and criminal prosecution of domestic and international cartels. We work across multiple jurisdictions, coordinating strategies to seek immunity from prosecution or reduced penalties.
- Distribution and Pricing: We advise on pricing practices, licensing, distribution, and franchising arrangements. Our expertise includes issues related to resale price requirements, price discrimination, exclusive dealing, tied selling, and other trade practices.
- Marketing and Advertising: We provide advice on marketing practices, packaging and labeling, advertising, telemarketing, contests, and promotions.
- Multi-Level Marketing: We offer guidance on the specific provisions of the Competition Act governing multi-level marketing firms in Canada.
- Tailored Compliance Programs: Our Group develops proactive and customized compliance programs tailored to your business needs. These programs are crucial components of corporate governance policies and executive training initiatives.
