CBA Competition Law Fall Conference - Agenda 

Oct. 26-27, 2023
Ottawa ON

CBA Competition Law Fall Conference

CBA Competition Law Fall Conference
AGENDA

Presented by the CBA Competition Law and Foreign Investment Review Section
October 26-27, 2023 | Ottawa, ON
Delta Hotels Ottawa City Centre | 101 Lyon St. N.


Brave New World? Confronting Current Competition and FDI Challenges  

After more than a decade of the status quo, the floodgates of change are reshaping the Canadian competition law landscape, both from a legislative and ideological perspective. This year’s Fall conference will provide a forum for thought-leaders from private practice, government and industry to examine the current issues facing competition law and enforcement, and debate whether recent changes have propelled us forward, backward or sideways in addressing them. Participants will come away with a variety of perspectives on the sufficiency of available tools in tackling these new challenges and the extent to which we still have further to go. 


Sponsors

APP
Compass Lexecon
Wifi
KLDiscovery

Agenda Subject to Change

 
TIME EVENT
8:30 am – 9:00 am

REGISTRATION AND BREAKFAST
Grand Salon, Convention Level
Breakfast Sponsor
The Brattle Group

9:00 am – 9:15 am

WELCOME AND INTRODUCTION
Ballroom A, Main Level

Section Chair: Elisa Kearney, Davies Ward Phillips & Vineberg LLP (Toronto, ON)
Conference Chair: Debbie Salzberger, McCarthy Tétrault LLP (Toronto, ON)

9:15 am - 10:30 am

OPENING PLENARY
Are we there yet? Assessing the Efficacy of our New Toolbox
Ballroom A, Main Level

Panelists to discuss the sufficiency and efficacy of recent amendments (both in force and proposed) in addressing the perceived shortcomings of the Competition Act and contemplate what additional changes are needed to better our regime (if any).

Speakers:
Anita Banicevic, Davies Ward Phillips & Vineberg LLP (Toronto, ON)
Anthony Durocher, Competition Bureau (Gatineau, QC)
Rob Clark, Professor, Stephen J.R. Smith Chair in Economic Policy, Department of Economics, Queen’s University (Kingston, Ontario)

Moderator: Mark Opashinov, McMillan LLP (Toronto, ON)

10:30 am – 10:45 am

BREAK
Grand Salon, Convention Level
Sponsor
Bates White Economic Consulting

10:45 am – 12:00 pm

CONCURRENT SESSIONS

SESSION 1: Private Equity: The Evolution from Friend to Foe
Ballroom A, Main Level

Private equity buyers have historically attracted little scrutiny from an antitrust perspective. Panelists will discuss the increased skepticism generated by private equity buyers, particularly in the remedies context, and whether the skepticism is deserved or misplaced in the antitrust context and in light of economic evidence relating to incentives to invest/compete.

Speakers:
Ellen Frye, Kohlberg Kravis Roberts (KKR) (New York, NY)
Fiona A. Schaeffer, Milbank (New York, NY)
Isabel Tecu, Charles River Associates (Washington, DC)

Moderator: Kyle Donnelly, Bennett Jones LLP (Toronto, ON)

SESSION 2: Data, Documents and Digitalization: Practical and Ethical Considerations for AI-Enabled Reviews
Grand Salon, Convention Level

As machine learning improves, the frequency, scope and scale of SIRs increase, and the Bureau’s calls for expanded document production powers gain momentum, the development of best practices – both practical and ethical – of document review and production has never been more critical for counsel and companies alike. Panelists will discuss the ever-evolving compliance standards for AI-assisted document reviews, sharing best practices and debating where the ethical lines should be drawn.

Attendees for Session 2, “Data, Documents and Digitalization” can claim 1.25 hours of Ethics Professionalism Practice Management (EPPM) accreditation.

Speakers:
Carla Hine, Weil, Gotshal & Manges LLP (Washington, DC)
Niki Iatrou, McCarthy Tétrault LLP (Toronto, ON)
Andrew Kelly, Competition Bureau (Ottawa, ON)
Greg Sullivan, Deloitte (Toronto, ON)

Moderator: Micah Wood, Blake, Cassels & Graydon LLP (Toronto, ON)

12:00 pm – 1:45 pm

LUNCHEON AND AWARD PRESENTATION
Grand Salon, Convention Level

Presentation of the James H. Bocking Memorial Award
Presentation of the Bill Miller Memorial Award

Address by Commissioner of Competition, Matthew Boswell
Fireside Chat with the Commissioner

Moderators:
Elisa Kearney, Davies Ward Phillips & Vineberg LLP (Toronto, ON)
Debbie Salzberger, McCarthy Tétrault LLP (Toronto, ON)

1:45 pm – 3:15 pm

CONCURRENT SESSIONS

SESSION 3: Re-Assessing Adjudication: Revisiting the Role of the Competition Tribunal
Ballroom A, Main Level

Sponsor
ApplEcon LLC

It has been over 35 years since the Competition Tribunal was established. The panelists will re-open the debate as to the wisdom and utility of maintaining a specialized adjudicative body and whether changes to the status quo are needed, such as changing the rules, reconsidering its membership, weighing the role of lay members, and more.

Speakers:
Julie Rosenthal, Goodmans LLP (Toronto, ON)
Lawson Hunter, K.C. Stikeman Elliott LLP (Ottawa, ON)
John Syme, John Syme Law (Ottawa, ON)

Moderator: Katherine Rydel, Competition Bureau Legal Services (Gatineau, QC)

SESSION 4: Deceptive Marketing / Tools and Challenges for In-House Counsel
Grand Salon, Convention Level

Armed with new provisions and higher penalties, the Competition Bureau is poised to ramp up its investigation of and enforcement efforts against deceptive marketing claims. This session will provide in-house counsel with an overview of the challenges – both new and old – facing advertisers and provide best practices, practical solutions and compliance tips for ensuring their client remains onside the Competition Act in an ever-changing marketing landscape.

Speakers:
Jenna Kramer, Knix (Toronto, ON)
J. Kevin Wright, DLA Piper (Canada) LLP (Vancouver, BC)
Josephine Palumbo, Competition Bureau (Gatineau, QC)

Moderator: Huy Do, Fasken (Toronto, ON)

3:15 pm – 3:30 pm

BREAK
Grand Salon, Convention Level

3:30 pm – 4:45 pm

CONCURRENT SESSIONS

SESSION 5: Telecommunications: Re-examining Facilities-Based Competition
Ballroom A, Main Level

The CRTC and Competition Bureau have long promoted facilities-based competition over service-based competition in Canada's telecommunications industry. Panelists to discuss how well this policy worked thus far and whether it is time to reconsider whether facilities-based competition is the best path forward.

Speakers:
Greg Lang, Canadian Radio-television and Telecommunications Commission (CRTC) (Gatineau, QC)
Y. Monica Song, Dentons Canada LLP (Ottawa, ON)
Daniel Stern, TELUS Communications Company (Toronto, ON)

Moderator: Stephen Zolf, Aird & Berlis LLP (Toronto, ON)

SESSION 6: Mind the Gap(s): Evaluating the ICA's National Security Protections
Grand Salon, Convention Level
Sponsor

Longview Communications Inc.

The ICA amendments [were/are] intended to improve Canada's detection and resolution of potentially harmful foreign investments. However, are these changes sufficient? Panelists will discuss whether substantive gaps exist (e.g., research grants, IP acquisitions, off-take agreements, etc.), whether further amendments should be considered, or whether other tools in the ISED/DOD/CSIS toolkit are better suited.

Speakers:
Damara Chambers, Latham & Watkins (Washington, D.C.)
Michael Caldecott, McCarthy Tétrault LLP (Toronto, ON)
Phil Harwood, Longview Communications & Public Affairs (Ottawa, ON)

Moderator: Elizabeth Roscoe, Rubicon Strategy (Ottawa, ON)

5:00 pm – 6:00 pm

NETWORKING RECEPTION
Panorama Room, Penthouse Level
Sponsor
Charles River Associates

Enjoy food and drinks and take advantage of this networking opportunity to meet other conference attendees, speakers, and guests. Not to be missed!

6:30 pm

SHUTTLE DEPARTURE
Albert Street

Transportation to the Museum of History will be provided to dinner participants.

7:00 pm – 10:00 pm

FIVE-COURSE DINNER
Canadian Museum of History, Grand Hall
Sponsor
Deloitte

Join us at the Museum of History for a fall themed five-course dinner, including live jazz music , live painting by renowned artist Colleen Gray, and open touring of the First Peoples of the Northwest Coast exhibit.

Ticketed event. Tickets and an additional guest ticket can be purchased, $150/+tx each, by those who have already registered for the conference.

10:00 pm

SHUTTLE DEPARTURE
Laurier Street

Transportation to the Delta Hotel Ottawa City Centre be provided to dinner participants.

10:00 pm onwards

YOUNG LAWYER'S COMMITTEE BAR NIGHT
D'Arcy McGee's, 44 Sparks St.

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

 

TIME EVENT
8:00 am – 8:30 am

REGISTRATION AND BREAKFAST
Grand Salon, Convention Level

8:30 am – 10:00 am

CONCURRENT SESSIONS

SESSION 1: Remedial Training: Remedying Remedies
Ballroom A, Main Level

In the wake of high-profile challenges, rejected buyers and failed divestitures, merger remedies have attracted increased ire from dealmakers and attention from the public, with some debating whether the right balance has been struck between regulation and over-regulation. Panelists to discuss whether it is time to reconsider and recalibrate the remedy process.

Speakers:
John Bodrug, Davies Ward Phillips & Vineberg LLP (Toronto, ON)
Melissa Fisher, Competition Bureau (Ottawa, ON)
Renée Duplantis, The Brattle Group (Toronto, ON)

Moderator: Alysha Pannu, Osler, Hoskin & Harcourt LLP (Toronto, ON)

SESSION 2: Scholar's Panel: Non-Price Effects: Turning Smoke into Fire
Grand Salon, Convention Level

The abuse of dominance and the merger provisions of the Competition Act were amended in 2022 to require the Competition Tribunal to, among other things, take into account any non-price effects on competition that are likely to result from a merger, an agreement between competitors or an alleged abuse of dominance. What does that mean? How will it work in practice? This panel will explore what non-price effects can – and should – be taken into account, methods for doing so (both in light of Canada’s current preference for quantitative analysis, and should that change), and evidence that can be brought to bear.

Speakers:
Andy Baziliauskas, Charles River Associates (Toronto, ON)
Keldon Bester, Canadian Anti-Monopoly Project (Ottawa, ON)
Anthony Niblett, University of Toronto Faculty of Law (Toronto, ON)
Prof. Ioannis Kokkoris, Queen Mary University of London (London, UK)

Moderator: Susan Hutton, Stikeman Elliott LLP (Ottawa, ON)

10:00 am - 10:15 am

BREAK
Grand Salon, Convention Level

10:15 am – 12:00 pm

CLOSING PLENARY
Mentors & Mentees - Firm vs. Firm
Ballroom A, Main Level

Each Firm Mentor/Mentee team will be paired off against another Firm Mentor/Mentee Team to debate the following potential topics:

  • Cartel Leniency: Is it worth it?
  • Should Canada introduce a bright line rule / presumption for dominant firms?
  • Restrictions on foreign ownership: A loss for competition?

Speakers:
Kaeleigh Kuzma, Osler, Hoskin & Harcourt LLP (Calgary, AB)
Chelsea Rubin, Osler, Hoskin & Harcourt LLP (Toronto, ON)
Hannah Johnson, McMillan LLP (Toronto, ON)
Beth Riley, McMillan LLP (Calgary, AB)
Chris Hersh, Norton Rose Fulbright Canada (Toronto, ON)
Erika Woolgar, Norton Rose Fulbright Canada (Toronto, ON)
Cassandra Brown, Blake, Cassels & Graydon LLP (Toronto, ON)
Matthew Prior, Blake, Cassels & Graydon LLP (Toronto, ON)
Jonathan Hood, Competition Bureau Legal Services (Gatineau, QC)
Kevin Hong, Competition Bureau Legal Services, Department of Justice Canada (Toronto, ON)
Rebecca Wagner, Torys LLP (Toronto, ON)
Eric Patenaude, Torys LLP (Toronto, ON)

Moderator: Adam S. Goodman, Dentons Canada LLP (Toronto, ON)

12:00 pm – 12:05 pm

CLOSING REMARKS
Ballroom A, Main Level

Conference Chair: Debbie Salzberger, McCarthy Tétrault LLP (Toronto, ON)

12:15 pm – 1:30 pm

LUNCH PLENARY
Women in Competition Law Lunch: Breaking Barriers - A Discussion of EDI with Competition Law Leaders
Ballroom A, Main Level
Sponsor
Analysis Group

At this year’s annual Women in Competition Law Lunch, panelists will discuss their lived experiences navigating their varied careers and career paths within the competition law field, assessing the challenges faced and their respective relationships with privilege, discrimination, unconscious biases and inclusion. Panelists will then reflect on how the profession’s approach to diversity and inclusion has evolved over the course of their careers, strides made, and where improvement may still be required.

Attendees for the “Women in Competition Law Lunch” can claim 1.25 hours of Ethics Professionalism Practice Management (EPPM) accreditation.

Speakers:
Sarah Mavula, Baker & McKenzie LLP (Toronto, ON)
Linda Plumpton, Torys LLP (Toronto, ON)
Margaret Sanderson, Charles River Associates (Toronto, ON)

Moderator: Debbie Johnston, Competition Bureau (Gatineau, QC)

 

 

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    DATE & TIME

    Oct. 26 & 27, 2023

    FORMAT

    In-Person

    VENUE

    Delta Hotels Ottawa City Centre
    101 Lyon St. N
    Ottawa, ON

    MAIN PAGE

    MATERIALS

    SPEAKERS

    SPONSORS

    Deloitte

    Compass Lexecon

    The Brattle Group

    KLDiscovery

    Epiq global

    TransPerfect Leagal Solutions

    Analysis Group

    Bates White Economic Consulting

    Charles River Associates

    FTI Consulting

    ApplEcon LLC

    Longview Communications Inc.

    Cornerstone Research

    Hill Times

    Adam F. Fanaki Competition Law Moot

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    Interested in Sponsorship?

    Check out
    Sponsorship Opportunities

    Presentation materials will be displayed in the language as submitted by the speakers.

 

CONTACT INFO

pd@cba.org
613-237-2925
1-800-267-8860
FAQ & Cancellation