Analyzing Joint Ventures Under Canadian Competition Law

The framework for review of international joint ventures under Canadian competition law has undergone a significant change since the most recent amendments to the Competition Act (the “Act”) came into force in 2010. The most significant recent development related to joint ventures in Canada has been the adoption of a more appropriate framework for review through the introduction of a civil provision dealing with competitor collaborations in section 90.1 of the Act. International joint ventures will now typically be reviewed under either the merger provisions of the Act or the civil agreements provision in section 90.1. Published in the ABA Antitrust Section Joint Conduct Committee E-Bulletin, Volume 10, No. 2 Summer 2013.