In 2007 there was significant merger activity in Canada. This update looks at some of the year's key merger transactions and the efforts of the Competition Bureau to address whether such transactions would result in a substantial lessening or prevention of competition.
In the latest decision in the case of Eli Lilly and Co et al v Apotex Inc, which raises interesting issues in respect of the balance between Canada's competition and patent laws, the Federal Court of Appeal has concluded that an assignment of a patent may, as a matter of law, unduly lessen competition.
The Competition Act and the Patent Act are both intended to benefit consumers. However, they have very different aims, with the Competition Act directed at regulating anti-competitive conduct and the Patent Act designed to create monopoly rights. Therefore, in practice, how do the two statutes work in harmony?
The Canadian Radio-Television and Telecommunications Commission announced the rules for its national do-not-call registry. However, the date on which the registry will come into force remains uncertain, as its operation is dependent on the appointment of a do-not-call list operator.