Beyond COVID-19: Risk and regulatory

Canada: Timely, or too soon? Competition Bureau releases guidance on “failing firm” claims in merger reviews

On April 29, in a rare decision based on the “failing firm” rationale, the Competition Bureau announced it would not challenge the acquisition of Total Metal Recovery (TMR) Inc. by American Iron & Metal Company Inc. (AIM), because TMR would have likely exited the market without the merger.

Canada | Publication | May 13, 2020

Global: EU relaxes antitrust restrictions in the food and agriculture sectors

On May 4, 2020, the European Union (EU) announced a package of measures to support the food and agriculture sector and mitigate the effects of the COVID-19 outbreak, including relaxing some antitrust rules on cooperation.

Global | Publication | May 11, 2020

Financial services monthly wrap up: April 2020

In April 2020, the financial services industry has been actively engaging with the Federal Government and regulators in order to address key issues and mitigate risks as a consequence of COVID-19

Australia | Publication | May 11, 2020

COVID-19: From black swan to boiling frog

The critical task for boards is to begin – and follow through with – the corporate governance overhaul our regulators have prioritised and are waiting to pursue.

Australia | Publication | May 07, 2020

US: Proposed COVID-19 legislation would pause merger activity

Representatives wrote to US House leadership requesting that the next stimulus bill include a moratorium on transactions that do not involve firms that are truly failing.

United States | Publication | May 06, 2020

Germany: To save competition: Rethinking exceptions to the ban on cartels

The COVID-19 (coronavirus) crisis has disrupted the conditions for effective competition in several markets.

Global | Publication | May 06, 2020

Australia: COVID-19 and regulatory implications for superannuation

The exponential growth and impact of COVID-19 has not only affected most industries and our everyday lives, but in particular has had significant repercussions within the superannuation industry. In this update, we make some general observations and examine the responses from the key Australian regulators and what this means for superannuation trustees, as well as their directors and senior management.

Australia | Publication | May 06, 2020

Internal investigations and disclosure of sensitive information

Companies conduct internal investigations for a variety of reasons. Internal complaints, legal actions or regulatory investigations, for instance, may trigger internal investigations.

Canada | Publication | May 04, 2020

Canada: Considerations when advertising the health benefits of your products

At the beginning of the COVID-19 pandemic, both Health Canada and the Competition Bureau were quick to issue statements indicating they would continue to monitor the marketplace for false, misleading or deceptive marketing activities related to products claiming they could prevent, treat or cure the virus.

Canada | Publication | April 30, 2020