Category: Constructive Trust

GSK-Novatis transaction approved in Canada based on commitments in EU and US - February 28, 2015 by zeldalegacy

A proposed transaction between two multinational pharmaceutical and consumer healthcare product companies, GlaxoSmithKline (GSK) and Novartis was recently given the go-ahead by the Competition Bureau. The proposed transaction was announced on April 22, 2014 as a three-part, inter-conditional transaction, which involved the creation of a joint venture between GSK and Novartis for their over-the-counter (OTC) 
The Litigator – Affleck Greene McMurtry, LLP

SNC-Lavalin charged with foreign corruption offences - February 25, 2015 by zeldalegacy

Canadian engineering and construction giant SNC-Lavalin has been charged by the RCMP with paying bribes of nearly million to Libyan government officials and defrauding Libya of nearly 0 million. SNC-Lavalin said it would “vigorously defend itself” against charges it says are “without merit”. It noted that the alleged conduct was committed by employees who 
The Litigator – Affleck Greene McMurtry, LLP

Efficiencies Save Landfill Merger, Supreme Court rules - February 19, 2015 by zeldalegacy

A landfill merger that gave the buyer a monopoly and would prevent prices from falling was saved by efficiencies amounting to one-half of one person’s annual salary, the Supreme Court of Canada ruled recently in Tervita Corp. v. Canada (Commissioner of Competition). The decision establishes a number of important principles for merger analysis under the 
The Litigator – Affleck Greene McMurtry, LLP

Proffers to Competition Bureau must be disclosed to accused, court says - February 19, 2015 by zeldalegacy

Information received by the Competition Bureau at the proffer stage of its Immunity and Leniency Programs is not protected from disclosure to other accused persons by settlement privilege, the Ontario Superior Court of Justice recently held in R. v. Nestlé Canada Inc. Chocolate bar makers accused of chocolate price fixing Chocolate bar makers Nestlé Canada 
The Litigator – Affleck Greene McMurtry, LLP

Competition Bureau Approves Pharmacy Management Merger - February 15, 2015 by zeldalegacy

Pharmacy management solutions companies TELUS Health and XD3 Solutions recently agreed to make it easier for pharmacists to switch software providers, in order to resolve the Competition Bureau’s concerns that their proposed merger could restrict the ability of pharmacist’s ability to switch software providers. TELUS health and XD3 have agreed to include the following terms in all 
The Litigator – Affleck Greene McMurtry, LLP

Pre-merger notification threshold increases to $86 million - February 14, 2015 by zeldalegacy

The transaction size pre-merger notification threshold for 2015 will be million, up from million in 2014, the Competition Bureau announced recently. The new threshold is expected to come into effect on February 7, 2015. Mergers are only notifiable if three threshold tests are met: Transaction type: the transaction must involve an “operating business 
The Litigator – Affleck Greene McMurtry, LLP

Shareholder spat leaves plaintiffs with no remedy, and an order to pay $2.7 million in costs - February 1, 2015 by zeldalegacy

The case of Harris v. Leikin Group Inc. provides another illustration of the messy, and costly, fallout that can occur when there is a dispute within a successful family business.
The Litigator – Affleck Greene McMurtry, LLP

Complying with CASL: CRTC Releases Information Bulletin - January 30, 2015 by zeldalegacy

Just in time for the coming into force of Canada’s new anti-spam legislation (“CASL”) on July 1st, the Canadian Radio-television and Telecommunications Commission (“CRTC”) has published a set of guidelines to help businesses develop corporate compliance programs. Compliance and Enforcement Information Bulletin 2014-326 sets out general guidance and best practices to help ensure businesses and 
The Litigator – Affleck Greene McMurtry, LLP

Loblaws and Shoppers Divestitures Approved - January 28, 2015 by zeldalegacy

The Competition Bureau has approved plans by Canadian grocery giant Loblaw Companies Limited to divest nine  in-store pharmacies to Remedy’s Rx, two grocery stores to Metro Inc., and two Shoppers Drug Mart pharmacies to the Jean Coutu Group. The divestitures are pursuant to a March 2014 Consent Agreement between Loblaw and the Commissioner of Competition 
The Litigator – Affleck Greene McMurtry, LLP

Reliance scalded by $5 million penalty - January 27, 2015 by zeldalegacy

Hot water heater rental supplier Reliance Comfort Limited Partnership has agreed to pay a million fine and to change policies that made it difficult for customers to switch to a competitor, in a settlement reached with the Commissioner of Competition on November 5, 2014. EnerCare Inc, another heater rental supplier that has acquired Direct 
The Litigator – Affleck Greene McMurtry, LLP

« old entrys