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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 law and policy, including mergers, unilateral conduct, cartel and class action proceedings and deceptive marketing practices.

Thursday October 20, 2022

TIME EVENT
8:30 am–8:50 am ET

Registration and Hot Breakfast
Sponsored by
The Brattle Group

8:50 am–9:05 am ET

Welcome and Introduction
SpeakerKevin Wright, DLA Piper

9:05 am–10:30 am ET

Opening Plenary

Is Everything up for Grabs?
Experienced practitioners, public sector representatives and economists set the stage by providing an overview and analysis of the 2022 Budget Implementation and the Phase II consultation. The expert panel will also address the process for making changes, including the controversial use of budget implementation bills.

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

Moderator: Navin Joneja, Blake, Cassels & Graydon LLP

10:30 am–10:45 am ET

Refreshment Break
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
    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
    An analysis of the Phase I and potential Phase II amendments to the abuse of dominance provisions with a particular focus on how the new private enforcement litigation would operate. The discussion will consider the 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
    The new and potential amendments require rethinking of the structure and approach to compliance practices. Learn what’s involved in gathering information to be competitive without violating the law, digital policies, astroturfing and proactive internal audits.

    Speakers:
    Denes Rothschild, Borden Ladner Gervais LLP
    Majid Charania, Competition Bureau
    Justine Johnston, Baker McKenzie LLP

    Moderator: TBC

12:15 pm–1:45 pm ET

Luncheon & Awards Presentation
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

Speaker: Commissioner Matthew Boswell, Competition Bureau

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

1:45 pm–3:15 pm ET

Plenary: Contentious and High Stakes Mergers
Sponsored by
Cornerstone Research
The Competition Bureau is litigating more mergers like 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 Schaeffer, Milbank LLP

Moderator: Michael Kilby, Stikeman Elliott LLP

3:15 pm–3:30 pm ET

Refreshment Break
Sponsored by
Bates White Economic Consulting

3:30 pm–5:00 pm ET

Concurrent Sessions

  • Session 4: The Efficiency Conundrum
    The Section 96 Efficiency Defence is one of the biggest stakes in the modernization discussions. From abolition, to tweaking the onus of proof, to the status quo, learn what you need to know about the potential impact.

    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 on Buy-Side Agreements and Buyer Power
    A discussion on policy considerations for buy-side agreements and buyer power will include an 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
    Like the popular ABA International Cartel Workshop, this session will focus on two to three demonstrations from hypothetical cartel investigations involving practitioners and Competition Bureau personnel. 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 Phase I 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
Sponsored by
Charles River Associates

6:30 pm–10:00 pm ET

Dinner with Keynote Speaker
Sponsored by
Deloitte

Dinner will be held at the National Arts Centre, 1 Elgin Street

10:00 pm–12:00 am ET
TBD

Call to the Bar Networking Event

Friday October 21, 2022

TIME EVENT
8:00 am–8:30 am ET

Hot Breakfast

8:30 am–10:00 am ET

Concurrent Sessions

  • Session 7: Hot Topics in Marketing and Advertising
    Learn what you need to know about the latest developments including an analysis of the Drip Pricing amendment, the Keurig case and 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 LLP

  • Session 8: Evolving US Approach to Antitrust
    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, Federal Trade Commission, Bureau of Competition
    James Attridge, Axinn, Veltrop & Harkrider LLP
    Stephen Calkins, Wayne State University

    Moderator: Cassandra Brown, Blake, Cassels & Graydon LLP

  • Session 9: The Evolution of Competition Class Actions
    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
    Paul-Erik Veel, Lenczner Slaught LLP

    Moderator: Chantelle Cseh, Davies Ward Phillips & Vineberg LLP

10:00 am–10:15 am ET

Refreshment Break

10:15 am–12:00 pm ET

Closing Plenary
Sponsored by
Compass Lexecon

The Great Debates
Fast paced and entertaining, this moderated series of short debates will each have a pair of panelists speaking for and against various propositions relating to proposed and recent amendments, case law development and process issues.

ModeratorMichael Koch, Goodmans LLP

12:00 pm–12:15 pm ET

Closing Remarks
Speaker
Kevin Wright, DLA Piper

12:15 pm–2:00 pm ET

Women in Competition Law Lunch
Sponsored by
Heuristica

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