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CBA COMPETITION LAW
FALL CONFERENCE

October  20 – 21, 2022 | Ottawa, ON

Presented by the CBA Competition Law and Foreign Investment Review Section

Register Now

CBA COMPETITION LAW
FALL CONFERENCE

October 20 – 21 | Ottawa, ON

Presented by the CBA Competition Law and Foreign Investment Review Section

Register Now

2022 Conference Agenda

The conference brings together all segments of the competition law community, including Canadian and international enforcement officials, in-house counsel, plaintiffs’ lawyers, defense lawyers, economists and academics in order to share knowledge, experience and advice regarding all areas of competition and foreign investment law and policy, including mergers, unilateral conduct, cartel and class action proceedings and deceptive marketing practices.

Fairmont Chateau Laurier
Ottawa, ON
October 20-21, 2022

Thursday October 20, 2022

TIME EVENT
8:30 am–8:50 am ET

Registration and Hot Breakfast
French Corridor – Lobby Level
Sponsored by
The Brattle Group

8:50 am–9:05 am ET

Welcome and Introduction
Ballroom – Lobby Level

Section Chair:
Conference Chair:
Sandy Walker, Dentons Canada LLP
Kevin Wright, DLA Piper (Canada) LLP
9:05 am–10:30 am ET

Opening Plenary
Ballroom – Lobby Level

Is Everything up for Grabs?
Experienced panelists from private practice, the public sector and academia set the stage for the Conference by providing an overview and analysis of the amendments passed through the 2022 Budget Implementation and the anticipated Phase II consultation on reform of the Competition Act.

Speakers:
John Pecman, Fasken Martineau Dumoulin LLP
Thomas W. Ross, Sauder School of Business University of British Columbia
Robin Shaban, Vivic Research
Anthony Durocher, Competition Bureau

Moderator: Navin Joneja, Blake, Cassels & Graydon LLP

10:30 am–10:45 am ET

Refreshment Break
French Corridor – Lobby Level
Sponsored by
Avis BudgetAVIS BUDGET

10:45 am–12:15 pm ET

Concurrent Sessions

Session 1: Merger Clearance and The Rise of National Security Regimes
Quebec Suite – First Floor
Sponsored by
Longview Communications Inc.
Understand the implications of the proliferation of national security reviews internationally and in Canada for transaction clearance, including the interaction with review under competition legislation.

Speakers:
Antonia Sherman, Linklaters LLP
Katherine Burke, Innovation, Science and Economic Development, Government of Canada
Adam Kalbfleisch, Bennett Jones LLP

Moderator: Ian MacDonald, Gowling WLG LLP

Session 2: The New World of Abuse of Dominance
Renaissance Room – Mezzanine Level
An analysis of the Phase I and potential Phase II amendments to the abuse of dominance provisions with a focus on how the new private enforcement litigation would operate. The discussion will cover expected types of cases, how private applicants would fund, prepare and prosecute cases, and the competition risks associated with settlements involving competitors.

Speakers:
Chris Margison, Fasken Martineau DuMoulin LLP
Craig Seebald, Vinson & Elkins LLP
Max Liu, Competition Bureau

Moderator: Charles Tingley, Davies Ward Phillips & Vineberg LLP

Session 3: Fresh Challenges in Compliance
MacDonald Room – Mezzanine Level
The recent amendments require rethinking of the structure and approach to compliance practices. Learn what’s involved in gathering information without violating the law, digital policies, astroturfing and proactive internal audits.

Speakers:
Majid Charania, Competition Bureau
Justine Johnston, Baker McKenzie LLP
David Gore, BMO Financial Group

Moderator: Denes Rothschild, Borden Ladner Gervais LLP

12:15 pm–1:45 pm ET

Luncheon & Awards Presentation
Drawing Room – Lobby Level
Sponsored by
Analysis Group
Presentation of the James H. Bocking and the Bill Miller Memorial Awards

12:45 pm–1:30 pm ET

Fireside Chat - Address by the Commissioner of Competition
Drawing Room – Lobby Level

Speaker: Commissioner Matthew Boswell, Competition Bureau

Moderators:
Sandy Walker, Dentons Canada LLP
Omar Wakil, Torys LLP

1:45 pm–3:15 pm ET

Plenary: Contentious and High Stakes Mergers
Ballroom – Lobby Level
Sponsored by
Cornerstone Research
The Competition Bureau is litigating more mergers including Rogers-Shaw, Secure Energy, GFL, and Parrish & Heimbecker. Gain insights into the most recent decisions and developments and the implications for the policy and practice of merger review and litigation, including the use of Tribunal-assisted mediation.

Speakers:
Michael Osborne, Cassels Brock & Blackwell LLP
Debbie Salzberger, McCarthy TĂ©trault LLP
James Gotowiec, Torys LLP
Jeanne Pratt, Competition Bureau
Fiona A. Schaeffer, Milbank LLP

Moderator: Michael Kilby, Stikeman Elliott LLP

3:15 pm–3:30 pm ET

Refreshment Break
French Corridor – Lobby Level
Sponsored by
Bates White Economic Consulting

3:30 pm–5:00 pm ET

Concurrent Sessions

Session 4: The Efficiency Conundrum
Quebec Suite – First Floor
While many would agree that the goal of efficiency should play a central role in competition policy, there is controversy over what that role should be. The Section 96 Efficiency Defence is one of the biggest stakes in the modernization discussions. The panel will address options ranging from abolition, to reformulating the onus of proof, to retaining the status quo.

Speakers:
Calvin Goldman, K.C., Law Office of Calvin Goldman, K.C.
Andy Harington, The Brattle Group
John MacGregor, Competition Bureau
Andy Baziliauskas, Charles River Associates

Moderator: Michelle Lally, Osler, Hoskin & Harcourt LLP

Session 5: Scholars Panel on Buy-Side Agreements and Buyer Power
Renaissance Room – Mezzanine Level
A discussion on policy considerations for buy-side agreements and buyer power will include analysis of the Phase I amendments to Section 45 concerning wage fixing and no solicit/no hire agreements between employers.

Speakers:
Cristina Volpin, Organisation for Economic Co-operation and Development (OECD)
Jennifer Quaid, Civil Law Section, University of Ottawa
Daniel Sokol, USC Gould School of Law
Willliam Wu, McMillan LLP
Andrea Talarico, Langlois Avocats - Lawyers

Moderator: Markus von Wartburg, Analysis Group

Session 6: Cartel Investigation Demonstrations
MacDonald Room – Mezzanine Level
Practitioners and Competition Bureau personnel enact short demonstrations of aspects of a hypothetical cartel investigation. The session will address topical and controversial issues that arise in Canadian cartel investigations and immunity and leniency applications and the implications of the recent amendments to Section 11.

Speakers:
Danielle Royal, Stikeman Elliott LLP
Christopher (Chris) Naudie, Osler, Hoskin & Harcourt LLP
Ann Salvatore, Competition Bureau

Moderator: Casey Halladay, McCarthy TĂ©trault LLP

5:00 pm–6:30 pm ET

Networking Reception
Drawing Room – Lobby Level
Sponsored by
Charles River Associates

6:30 pm–10:00 pm ET

Dinner with Keynote Speaker: Politcally Speaking with Althia Raj
National Arts Centre – 1 Elgin Street, O’Born Room

Sponsored by
Deloitte

National political columnist and panelist Althia Raj discusses the political news and national topics at issue impacting organizations across the country.

Keynote Speaker: Althia Raj, Political Journalist & CBC "At Issue” Panelist

10:00 pm–12:00 am ET

Call to the Bar Networking Event
Joy on Sussex – 527 Sussex Drive

You are invited to the Young Lawyers Committee’s revived “Call to the Bar” event at Joy on Sussex. Stop by for an opportunity to catch up with colleagues after an exciting conference day and meet new friends throughout — and across — the bar.

Friday October 21, 2022

TIME EVENT
8:00 am–8:30 am ET

Hot Breakfast
French Corridor – Lobby Level

8:30 am–10:00 am ET

Concurrent Sessions

Session 7: Hot Topics in Marketing and Advertising
Quebec Suite – First Floor
Learn what you need to know about the latest developments including the drip pricing amendment, the Keurig case, the enforcement of ESG representations, and the Bureau’s Green Growth Summit.

Speakers:
Kenneth Jull, Gardiner Roberts LLP
Patrizia Martino, TD Bank Group
Kiran Khan, Competition Bureau

Moderator: Margot Patterson, Dentons Canada LLP

Session 8: Evolving US Approach to Antitrust
Renaissance Room – Mezzanine Level
The Biden administration is proving to be a watershed for US antitrust policy and enforcement with the emergence of new leaders into key roles with US antitrust agencies and the President’s July 2021 executive order for Promoting Competition in the American Economy. This panel will provide an up-to-date examination of proposals for legislative amendments in the US and developments in “soft law” – enforcement policies and priorities of the agencies.
Speakers:
Logan Breed, Hogan Lovells
Holly Vedova, Bureau of Competition, Federal Trade Commission
James Attridge, Axinn, Veltrop & Harkrider LLP
Prof. Stephen Calkins, Wayne State University

Moderator: Cassandra Brown, Blake, Cassels & Graydon LLP

Session 9: The Evolution of Competition Class Actions
MacDonald Room – Mezzanine Level
Gain the perspectives of plaintiff and defence side practitioners and foreign lawyers, as they examine recent cases and trends in Canadian class actions with a view to developments in the UK.

Speakers:
Jonathan J. Foreman, Foreman & Company
Matthew Levitt, Baker Botts LLP
Paul-Erik Veel, Lenczner Slaught LLP

Moderator: Chantelle Cseh, Davies Ward Phillips & Vineberg LLP

10:00 am–10:15 am ET

Refreshment Break
French Corridor – Lobby Level

10:15 am–12:00 pm ET

Closing Plenary: The Great Debates
Ballroom – Lobby Level
Sponsored by
Compass Lexecon

Fast-paced and entertaining, five pairs of debaters will engage over proposals to reform competition and foreign investment law and policy.

Speakers:
Joshua Hollenberg, Davies Ward Phillips & Vineberg LLP
Tegan O'Brien, Cassels Brock & Blackwell LLP
Rebecca Wagner, Torys LLP
Gideon Kwinter, McCarthy TĂ©trault LLP
Joe McGrade, Blake, Cassels & Graydon LLP
Robin Spillette, Fasken Martineau DuMoulin LLP
Sarah Mavula, Baker & McKenzie LLP
Justine Reisler, Stikeman Elliott LLP
Danielle Chu, Osler, Hoskin & Harcourt LLP
Reema Mahbubani, Miller Thomson LLP

ModeratorMichael Koch, Goodmans LLP

12:00 pm–12:05 pm ET

Closing Remarks
Ballroom – Lobby Level
SpeakerKevin Wright, DLA Piper (Canada) LLP

12:15 pm–2:00 pm ET

Women in Competition Law Lunch
Quebec Suite – First Floor
Sponsored by
Heuristica

Sandy Walker and Alysha Manji-Knight will co-host a fireside chat with special guest, Katherine (Kate) Burke, Director General, Investment Review Branch, ISED.

Speaker:
Katherine Burke, Innovation, Science and Economic Development, Government of Canada

Moderators:
Sandy Walker, Dentons Canada LLP
Alysha Manji-Knight, Davies Ward Phillips & Vineberg LLP