In this issue:
Canada may have the oldest existing competition law in the world, but that doesn’t mean they aren’t facing modern problems that can provide lessons for the rest of us. Mark Katz has organized a survey of some of these problems, including mergers designed to “prevent” competition, unilateral conduct, product hopping, “unjustified” cross-border price discrimination, and foreign investments. Then we have three articles that provide additional lessons: U.S. lessons for the EU as it considers a damages directive, European lessons for Mexico as it designs a new competition law, and insights into India’s struggles with defining abuse of dominance.
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Canadian Lessons
Introduction to the CPI Antitrust Chronicle Canada Issue – 2014
The Bureau’s impact on promoting competition in Canada can and should extend beyond standard enforcement and litigation. Mark Katz (Davies Ward Phillips & Vineberg)
Landfill Case Makes It to the Top of the Heap: Canada’s Highest Court to Rule on “Prevention” of Competition Framework In Tervita
Other jurisdictions, and in particular the United States, may find that Tervita can offer guidance in approaching “actual potential entry†cases. Nikiforos Iatrou & Bronwyn Roe (WeirFoulds LLP)
New Clouds on the Legality of Unilateral Conduct in Canada
Conduct that was previously considered legitimate competitive strategy may, in the current environment, raise the risk of enforcement action. Deborah Salzberger & David Rosner (Blake, Cassels & Graydon LLP)
Canada Considers Hopping on Board with a Product-Hopping Case
In contemplating a product-hopping case, the Bureau joins a crop of recent antitrust enforcement efforts around the globe directed at variations of product hopping conduct. George Addy & Erika Douglas (Davies Ward Phillips & Vineberg LLP)
Canada’s Proposed Legislation to Prohibit Cross-Border Price Differentials
The implications of the Canadian Government’s new proposed legislation may not have the intended benefit on Canadian consumers. Marissa Ginn & Marc Van Audenrode (Analysis Group)
“Special” Treatment: State-Owned Enterprises Under Canada’s Foreign Investment and Competition Laws
In this environment, significant uncertainties remain for SOE investors. Sandy Walker (Dentons Canada LLP)
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Global Lessons
The Proposed Damages Directive: The Real Lessons from the United States
There is a significant amount of empirical evidence concerning the U.S. experience with private enforcement that can be useful for Europeans considering expanding private rights of action…none of the lessons derived from this evidence are consistent with the conventional wisdom in the competition law field. Robert H. Lande (Univ. of Baltimore School of Law)
Mexico’s Proposed Reform of Competition Law: A Critique from Europe
The risk of divestiture of assets resulting from so-called “barriers to competition” would place a high burden on firms and would hamper their willingness to innovate and invest, leading finally to a less competitive economy. Anne Perrot (MAPP Economics; Univ. of Paris I, Sorbonne) & Assimakis Komninos (White & Case LLP; Univ. College London)
Abuse of Dominance Under the Competition Act, 2002: Developments and Trends
It is interesting to note is that while CCI’s priorities…seem to be suggestive of a robust enforcement in abuse of dominance cases, it has surprisingly taken a rather deferred approach in these cases. Kalyani Singh (Luthra & Luthra Law Offices)
