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Let's talk antitrust: Discussing recent cases and emerging competition issues
Recent cases and judgments have shone a light on some emerging themes and trends that companies will want to consider as part of their risk management framework.
Global | Publication | June 2018
Canada has introduced legislation providing a framework for regulated access to legal cannabis for recreational use. The proposed Cannabis Act1 provides for oversight of the legal cannabis industry, with the federal government establishing licensing and authorisation requirements for production, packaging and labelling, and provincial/territorial governments overseeing distribution and retail sales. It is widely expected the Cannabis Act will come into effect by July 2018. In anticipation of the legalisation of cannabis for recreational use, the provincial/territorial governments are also introducing new legislation to regulate, among other issues, its distribution and retail sale.
Elif Oral from our Quebec City presents an overview of just some of the issues facing the insurance industry as recreational cannabis becomes legal.
An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts (Bill C-45).
Of note on this issue, provincial insurance legislation in Alberta, British Columbia and Manitoba has included the “innocent insured” exception as a legislative provision and limits fire exclusions by preventing fire coverage from being excluded except as specifically identified in its regulations. These regulations do not include an exclusion for a grow operation, only an exclusion for a criminal act that was “intended to bring about the loss or damage.” As the insured does not typically intend to burn down the house through a grow operation, in Alberta, British Columbia and Manitoba, it is more likely than not the “Grow Operation” exclusion and even the “Criminal Activity/Act” exclusion would most likely not apply in cases where there was an accidental fire loss, regardless of a causal connection between the grow operation and the loss.
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Recent cases and judgments have shone a light on some emerging themes and trends that companies will want to consider as part of their risk management framework.
Publication
After a lacklustre finish to 2022 when compared to the vintage year for M&A that was 2021, dealmakers expected 2023 to see the market continue to cool in most sectors, in response to the economic headwinds of rising inflation (with its corresponding impact on financing costs), declining market valuations, tightening regulatory scrutiny and increasing geopolitical tensions.
Publication
On 18 September 2023, the CMA published its Initial Report (Initial Report) on AI Foundation Models (FM), supplemented in April 2024 with the publication of its “Update Paper” focused on potential antitrust risks associated with FMs and a “Technical Update Report” providing more detail on the development on FMs (collectively the “Reports”). Below, we consider these CMA publications.
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