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Competition Compliance in the Age of COVID-19

By Sandy Walker, Adam Goodman, Simon Kupi, Margot Patterson, and Barry Zalmanowitz
May 21, 2020
  • Class Action
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Amidst news of COVID-19 case counts, shuttered shops and volatile markets, competition law compliance may not necessarily be the most pressing issue that comes to mind. While “this too shall pass,” it remains important in the meantime that businesses avoid the unique competition-related risks and challenges posed by the COVID-19 pandemic.

In particular, efforts by Canadian businesses to collaborate with their competitors to protect stakeholders and their families from COVID-19 risks—however laudable or socially beneficial—remain subject to the Competition Act (Act) and associated compliance risks. In its recent communications, the Competition Bureau (Bureau) has indicated an intent to prioritize collusion, deceptive marketing, and other “urgent marketplace issues” during the pandemic. For transacting parties or parties subject to current Bureau investigations, it is also important to note that the Bureau has warned of the potential for COVID-19 to delay its processes.

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Sandy Walker

About Sandy Walker

Sandy Walker is co-Chair of Dentons' Competition and Foreign Investment Review group and is recognized as one of the country’s leading competition and Investment Canada Act lawyers. Sandy's practice focuses on securing government approvals for mergers and acquisitions from the Competition Bureau, Investment Canada and other regulatory agencies, including navigating complex “net benefit to Canada” reviews and the national security review process on behalf of foreign investors, both state-owned and private sector.

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Adam Goodman

About Adam Goodman

Adam S. Goodman is a litigator and partner in Dentons’ Competition and Foreign Investment Review group.

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Simon Kupi

About Simon Kupi

Simon practices in Dentons’ Energy Regulation group in Calgary and in the firm’s national Competition and Foreign Investment group. In his energy and utilities practice, Simon focuses on economic regulatory, public, Indigenous and environmental law. In his competition practice, he assists with Competition Act and Investment Canada Act merger clearances as well as with civilly-reviewable and criminal matters. In addition, Simon advises on issues arising under Alberta consumer protection legislation.

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Margot Patterson

About Margot Patterson

Margot Patterson is Counsel with Dentons' Intellectual Property, Communications Law, Competition Law, and Media, Entertainment and Sports practice groups, with a practice focused on media, brands and intellectual property.

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Barry Zalmanowitz

About Barry Zalmanowitz

Barry Zalmanowitz is a member of Dentons Canada LLP's Edmonton office and co-chair of the Firm’s national Competition Law group. He advises and represents clients in all aspects of the Competition Act, including mergers and notifiable transactions, conspiracy and other criminal provisions, private damage actions, reviewable practices and misleading advertising.

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