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Global rules on foreign direct investment (FDI)
Cross-border acquisitions and investments increasingly trigger foreign direct investment (FDI) screening requirements.
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Global | Publication | May 2016
The Competition Tribunal ruled in favour of the Commissioner of Competition in the ongoing abuse of dominance case against the Toronto Real Estate Board (TREB).1
The TREB is a trade association whose members include most real estate agents in Toronto. It restricts how its members can provide information to their customers, which the commissioner argued is an abuse of dominance contrary to section 79 of the Competition Act.
In April 2013 the tribunal concluded that because TREB’s actions did not affect competitors, its conduct did not fall within the scope of section 79.2The decision was appealed to the Federal Court of Appeal, which found that the tribunal’s interpretation of a leading dominance case, Canada Pipe,3was incorrect, and as a result the court ordered the tribunal to reconsider its decision on the merits.4 Additional background information, and our commentary on the tribunal and Federal Court of Appeal’s decision, is available online.
The tribunal determined that the commissioner established the three elements of section 79:
Importantly for the commissioner’s ongoing discussions of innovation and the digital economy, the tribunal noted that the anti-competitive effects include “a considerable adverse impact on innovation, quality and the range of residential real estate brokerage services.”5
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Cross-border acquisitions and investments increasingly trigger foreign direct investment (FDI) screening requirements.
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On February 2, 2024, the Belgian Presidency of the Council of the European Union confirmed that the Committee of Permanent Representatives had signed the Artificial Intelligence (AI) Regulation, referred to as the AI Act. Approval by the EU Parliament followed on 13 March 2024, and the AI Act is likely to appear in the EU’s Official Journal around May 2024. The AI Act aims to establish a stringent legal framework governing the development, marketing, and utilisation of artificial intelligence within the region, thereby marking a significant advancement in the regulation of this burgeoning domain.
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The EU’s Artificial Intelligence Regulation, commonly referred to as the AI Act, is expected to come into force during the summer of 2024 (the AI Act). The AI Act will be the first comprehensive legal framework for the use and development of artificial intelligence (AI), and is intended to ensure that AI systems developed and used in the EU are safe, transparent, traceable, non-discriminatory and environmentally friendly.
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