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In Trade and Foreign Investment

Canada: Trade Outlook – Fall 2023 Trade & Customs compliance outlook (Video Chat)

by , and 2 Mins Read

2023 has proven to be another dynamic year under the Government of Canada’s trade agenda, which showed no signs of slowing over the summer. From May to August 2023, the Government passed into law novel supply chain transparency legislation and introduced amendments and legislative proposals that are impacting, or will impact, compliance with Canadian customs, export controls, and economic sanctions legislation.
Watch the companion videos highlighting our compliance tips in relation to developments in Canadian customs, sanctions, export controls, and forced labor laws.

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In Antitrust / Competition

Canada: Proposed amendments to modernize Canadian Competition Law

by 5 Mins Read

On 21 September 2023, the Government of Canada introduced Bill C-56 or the Affordable Housing and Groceries Act (“Bill C-56”), broad legislation that includes amendments to the Competition Act that, if adopted, will repeal the efficiencies defense in mergers, expand the scope of agreements and arrangements subject to the civil competitor collaboration provision, and permit public interest market studies. The proposed amendments to the Competition Act align with the Prime Minister’s recent announcement that the federal government would take action to enhance competition and drive down prices for Canadians, with a special focus on the grocery sector.

In Sanctions

Canada Imposes Additional Sanctions Against Haitian Elites: 3 Individuals Targeted

by and 2 Mins Read

On 21 September 2023, Canada announced amendments to the Special Economic Measures (Haiti) Regulations (the “Regulations”) in response to “acts of significant corruption”. These amendments list an additional three individuals under the Schedule of the Regulations and took effect on 20 September 2023. This follows Canada’s appointment of a new ambassador of Canada to Haiti, André François Giroux, on 18 September 2023.

In Product Regulation & Liability

Canada: Back to school essentials: Do’s and don’ts of advertising food to children in Canada

by , and 3 Mins Read

It is frequently observed that children are especially impacted by advertising, and special attention must be paid when marketing to them. Historically, with the exception of Quebec, which has prohibited virtually all forms of commercial advertising directed at children under the age of 13 since 1980, Canada did not specifically restrict advertising targeted at children. However, driven by growing concerns due to increases in obesity and chronic diseases, plans have now emerged to tackle these issues, including three recent developments enacted by the food and beverage industry, the federal Parliament, and Health Canada, respectively.

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In Antitrust / Competition

United States: FTC continues targeting private equity

by , , and 6 Mins Read

On 21 September 2023, the Federal Trade Commission (FTC) announced that it was suing US Anesthesia Partners, Inc. (USAP) and its private equity owner Welsh, Carson, Anderson & Stowe (WCAS) in the US District Court for the Southern District of Texas. The lawsuit targets a common private equity strategy known as a “roll-up.” A roll-up merger typically occurs when a private equity company acquires several small companies in the same market and subsequently merges those companies.

In Sanctions

Canada Amends Iranian Sanctions Regulations: 6 Individuals Targeted

by and 2 Mins Read

On 14 September 2023, Canada announced further amendments to the Special Economic Measures (Iran) Regulations (the “Regulations”) in an effort to impose costs on the Iranian regime for gross and systemic human rights violations. These amendments list an additional six individuals under Schedule 1 of the Regulations and is the 14th set of amending regulations issued by Canada since October 2022. As of the most recent amendments, Canada has sanctioned 176 Iranian individuals and 192 Iranian entities.

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In Antitrust / Competition

United States: DOJ and FTC ramp up enforcement against interlocking directorates

by and 9 Mins Read

The US Federal Trade Commission (FTC) and the US Department of Justice Antitrust Division (DOJ) (together “Agencies”) each have recently taken enforcement actions that demonstrate renewed attention on interlocking directorates (in which individuals simultaneously serve as directors on the boards of competing companies). Interlocking directorates are prohibited under Section 8 of the Clayton Act unless one of its de minimis exceptions applies. Those exceptions are dependent upon the volume of revenues derived from products sold by the operative companies in competition with one another.

In Tax

United States: IRS warns of imminent compliance alert and examinations for large partnerships

by and 4 Mins Read

On September 8, 2023, the Internal Revenue Service (IRS) issued a press release that starting in October 2023, the agency will begin mailing compliance letters to partnerships as part of its increasing focus on large partnerships and complex partnership returns. These compliance letters will likely impact partnerships with over $10 million in assets; however, the IRS maintains a broader goal of increasing audit activity and examinations of large partnerships and high-income taxpayers.

In

United States: Four takeaways from the Washington State Attorney General’s Guidance on the My Health My Data Act

by 3 Mins Read

Beyond the statutory text of the new Washington state My Health My Data Act, the Washington Attorney General has published Frequently Asked Questions (FAQs) and will update such FAQs periodically. Some of the FAQs provide insight into possible interpretations of the law’s provisions that are summarized in this article.

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