Counterfactual

Host Julia Potter speaks with conference co-chairs Josh Chad and Laura O’Laughlin about highlights from the recent CBA Competition Law Section Spring Conference in Montreal. They discuss key themes across panels, including the growing intersection between competition law and national economic strategy, evolving merger review practices, and the anticipated expansion of private access to the Competi...

In this episode of the Counterfactual Podcast, we hear from Beth Riley of McMillan LLP and Sultana Bennett of RBC for the second installment of our competition law compliance series.  In this episode, we focus on risks: how to identify and assess the quantum of risk and how to mitigate risk while achieving business objectives.  Our guests also review some hypothetical risk situations to provide ad...

In this episode of the Counterfactual Podcast, Valeska Rebello and Kevin Hong sit down with Professor Anthony Rosborough, Assistant Professor of Law and Computer Science at Dalhousie University, to discuss the “Right to Repair”. They discuss the recent amendments to the Competition Act , compare Canada’s approach to other jurisdictions, address practical enforcement challenges, and examine the bro...

In this episode, host Julia Potter continues the Better Know the Bureau series with an in‑depth conversation with Jonathan Hood, Senior Counsel at the Department of Justice for Competition Bureau Legal Services (CBLS). Jonathan shares his winding path from private practice to competition enforcement, to leading major litigation files in Canadian competition law.

In June 2024, the Competition Act was amended to require businesses to have testing or substantiation to support certain environmental claims, and in June 2025, the Competition Tribunal became empowered to grant leave to private parties to bring deceptive marketing cases, including in relation to environmental claims, if the Tribunal is satisfied that it would be in the “public interest.”  In Nove...

In this episode of the Counterfactual Podcast, we travel to Ottawa for our annual live episode! In this political special, we are joined by Patrick Weiler, Liberal MP for West Vancouver – Sunshine Coast – Sea to Sky Country.  With MP Weiler, we discuss the Federal budget, the differences between legal advocacy and law making, and learn the behind the scenes scoop on the greenwashing amendments in...

In this episode of the Counterfactual Podcast, we hear from Paul-Erik Veel of Lenczner Slaght LLP about his recent report, Two Decades of Tribunal Decisions: Data-Driven Insights .  After crunching the numbers from 20 years of litigation before the Competition Tribunal, Paul-Erik is here to discuss what the trends can tell us about competition litigation in the past two decades, and what may chang...

In this episode of the Counterfactual Podcast, host Julia Potter sits down with Ryan Manucha, author and expert on interprovincial trade, to unpack why Canada still struggles with domestic trade barriers. They discuss the historical roots of these restrictions, the political and economic forces driving recent reform efforts, and how leadership from both Ottawa and the provinces is shaping the futu...

In this Episode, new Section Chair, Dominic Thérien, provides a brief overview of the Section and its committees; reflects on his journey in the Section over two decades; explains the nature and importance of the Section’s interactions with key stakeholders and counterparts, including the Competition Bureau, the Foreign Investment Review and Economic Security Branch, the CBA, the ABA and other bar...

In this episode of the Counterfactual Podcast, we hear from Bruce McCulloch from Freshfields Bruckhaus Deringer and Joe McGrade from Blake, Cassels & Graydon LLP provide US and Canadian perspectives on the key highlights and additional insights from the panel discussion at the 2025 Annual Criminal Matters Committee Town Hall hosted by the CBA Criminal Matters Committee. They discuss emerging trend...

In this episode of the Counterfactual podcast, we hear from Kristen McLean, a Senior Competition Law Officer in the Monopolistic Practices Branch about her background and role within the Competition Bureau. This is the latest episode of the new “Better Know the Bureau” series where we “demystify” the Competition Bureau and better get to know the people that make up the Competition Bureau.  This ep...

The government’s approach to foreign investment in the  critical minerals sector, including in circumstances where the target minerals are located outside of Canada, has evolved significantly over the last three years. Niall McGee shares his perspectives based on first hand experience reporting on key developments in this area, including, among others: the government’s October 2022  Policy Regardi...

In this episode, host Kirsten Cirella and guests Majid Charania, Director of Competition Compliance and Outreach with the Competition Bureau, and Beth Riley, partner in the Competition and Foreign Investment Group at McMillan LLP dive into the world of competition law compliance. This episode kicks off our compliance series, providing timely insights into how the recent significant amendments to t...

Host Kate McNeece speaks with Professor Meredith Lilly of Carleton University about the topic that is top of mind for everyone in North America: trade policy!  What does the shift from the Biden Administration to the Trump Administration mean for North American competitiveness?  How does trade policy impact foreign investment in Canada and interact with the national security provisions of the ICA?...

Host Charles Tingley speaks with Competition Bureau counsel Irene Cybulsky, lawyer Michael Osborne and Professor Alix Barasch about the Competition Tribunal’s recent decision in the Cineplex case, which is the first litigated proceeding involving allegations of deceptive or misleading “drip-pricing” and resulted in a Tribunal order to pay nearly $39 million in monetary penalties. This episode cont...

In this episode of the Counterfactual podcast, we are joined by Denise Hearn, author, applied researcher, advisor, and resident senior fellow at the Columbia Center on Sustainable Investment, and Vass Bednar, the Executive Director, Master of Public Policy Program at McMaster University and host of the Globe and Mail podcast Lately to discuss corporate concentration, “kayfabe competition”, the fin...

In this episode of the Counterfactual podcast, we hear from Matt Chaisson, a Senior Policy Advisor, about his career and responsibilities at the Competition Bureau, particularly relating to the process and experiences around the adoption of recent amendments to the Competition Act. This is the second episode of the new “Better Know the Bureau” series where we “demystify” the Competition Bureau and...

Join us for a spirited discussion with three participants in the Competition Bureau’s 5th Annual Competition Summit entitled “Market Dynamics in the AI Era”. We review the highlights of the AI Summit from the perspectives of a senator, journalist and competition law practitioner. What are the Competition Bureau, domestic regulatory agencies and foreign competition enforcers thinking about the oppo...

One of the many consequential recent amendments to the Competition Act, the so-called “structural presumption” for the identification of anticompetitive mergers has been the subject of robust debate. Join us for this episode as we speak with U.S. practitioner and former FTC attorney Jamie France for a rundown of the approach taken to the structural presumption in U.S. merger law – how is it applie...

In this episode of the Counterfactual podcast, we hear from Anu Lalith-Kumar, a Competition Law Officer in the Mergers Directorate and a part of the Mergers Intelligence and Notification Unit (MINU) about her background and role within the Competition Bureau. This is the first episode of the new “Better Know the Bureau” series where we “demystify” the Competition Bureau and better get to know the...

On June 20, 2024, the Competition Act was amended to require businesses to have testing or substantiation to support certain environmental claims.  The Competition Bureau is currently engaged in a  public consultation  process to assist it in providing guidance on the interpretation of the new provisions.  Soon, the Competition Tribunal will be able to grant leave to private parties to bring decep...

In the fourteenth episode of the Counterfactual podcast, we host a follow-on conversation from the recent CBA Competition Law Spring Conference, Old Port – New Tech: Exploring the Future.  The conference co-chairs provide the key highlights from the panel discussions (Private Access – A New Frontier in Canadian; A fireside chat with Canada’s AI leaders; Abuse of Dominance v. Unfair Competition – W...

In March 2024, the Canadian government issued new guidelines concerning foreign investment review of investments into Canadian interactive digital media companies.  In this episode, we dig into the reasons for the government’s concerns with Mariana Olaizola Rosenblat, the author of the recent report “Gaming the System, How Extremists Exploit Gaming Sites and What Can be Done to Counter Them”: What...

In this episode of the Counterfactual podcast, we host a follow-on conversation from the recent CBA Mergers Committee Brownbag session on sector-specific merger reviews (for the transportation, financial services, and telecom industries) that take place in parallel to the Competition Act merger review process. The panelists (from government, private practice, and government relations) provide the...

What makes the Adam F. Fanaki Competition Law Moot so special? Host Charles Tingley speaks with moot organizers Katherine Rydel and Majid Charania to learn more about Canada’s premier competition law event for aspiring jurists. Find out what makes the Fanaki Moot tick and why law students, judges, enforcement officials and private practitioners are so keen to be a part of this treasured fixture on...