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In Antitrust / Competition

Canada: Competition law amendments prohibit no-poach and wage-fixing agreements

by , and 6 Mins Read

The Government of Canada has amended the federal Competition Act, Canada’s consolidated antitrust statute, to criminalize wage-fixing and no-poach agreements between employers, effective 23 June 2023. The criminal prohibition will apply to all employers, and is not limited only to those in competing sectors or industries. Employers who contravene the new prohibition against labor-related collusion risk incurring significant fines, the potential for imprisonment, or both, and heightened private and class action litigation risk.

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United States: Virginia Consumer Data Protection Act takes effect in 2023

by , , and 9 Mins Read

Companies around the world have to comply with the Virginia Consumer Data Protection Act (VCDPA) with respect to personal data of consumers in Virginia. With the VCDPA, Virginia follows the California Consumer Privacy Act of 2018, as amended by the California Consumer Rights Act of 2020, but excludes employee and business representative data from its scope.

In Antitrust / Competition

United States: Law360 – Beware FTC’s Expanded Focus on Private Equity, Individuals

by , and 1 Min Read

In the wake of US Supreme Court precedent in the 2021 AMG Capital Management LLC v. Federal Trade Commission decision, the FTC is doubling down and expanding its enforcement efforts to target executives, directors and owners, including private equity, in an effort to hold accountable anyone profiting from anti-competitive conduct or conduct harmful to consumers. William Roppolo, Ashley Eickhof and Annasofia Roig explores this issue in an article published in Law360.

In Sanctions

United States: OFAC extends and reissues GL authorizing certain transactions

by 1 Min Read

Baker McKenzie’s Sanctions Blog published the alert titled OFAC extends and reissues General License authorizing certain transactions involving the Central Bank of Russia, the National Wealth Fund of the Russian Federation, or the Ministry of Finance of the Russian Federation  on 22 November 2022. Read the article via the link here. Please also visit our Sanctions Blog for the most recent updates.

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In Sanctions

Canada Imposes Additional Sanctions Against Haitian Political Elites: 3 Individuals Targeted

by and 2 Mins Read

On 19 November 2022, Canada announced amendments to the Special Economic Measures (Haiti) Regulations in response to the “egregious conduct of Haitian political elites who provide illicit financial and operational support to armed gangs”. These amendments list an additional three individuals under the Schedule of the Regulations and took effect on 17 November 2022.

In Trade and Foreign Investment

US Commerce Department Considers Revising “Particular Market Situation” Methodology

by and 3 Mins Read

On November 18, 2022, the US Department of Commerce (DOC) published a notice of a proposed change to its particular market situation (PMS) methodology.
Since the 2015 expansion of the DOC’s PMS authority, the DOC has been using the PMS methodology in the calculation of antidumping duty rates when it considers that there is a market distortion in the exporting country under investigation, such as the availability of low-priced energy, which reduces exporters’ costs of production.

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In Sanctions

Canada further sanctions the Iranian regime

by , and 3 Mins Read

On 16 November 2022, Canada announced further amendments to the Special Economic Measures (Iran) Regulations in response to the Iranian regime’s “ongoing gross and systematic human rights violations and continued actions to destabilize peace and security”. These amendments list an additional six individuals and two entities under Schedule 1 of the Regulations and took effect on 10 November 2022.

In Employment

Canada: Employers – Comply or face criminal liability on no poach and wage fixing agreements

by , and 1 Min Read

Amendments to the Competition Act that come into force on 23 June 2023 will make it a criminal offense for employers to enter into no poach, wage fixing or other agreements related to the terms and conditions of employment in Canada. In this In Focus video, our Labor and Employment and Competition and Foreign Investment Review lawyers discuss the risks associated with non-compliance and what employers should consider as they prepare for the prohibition to come into effect.

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