Canadian Lawyer

May 2023

The most widely read magazine for Canadian lawyers

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www.canadianlawyermag.com 51 Cloud Software for the Modern Family Law Practice TOOLS FORMS PRECEDENTS Try DM Cloud today! BOOK A CONSULTATION divorcemate.com | 1-800-653-0925 x407 | sales@divorcemate.com 88 Queens Quay West, 25th Floor, Toronto ON, M5J 0B6 FREE 30-DAY TRIAL New! DivorceMate User Membership offers complimentary access to DivorceMate University merger is allowed even if it compromises competition because the merging partners can argue the efficiencies from the deal are ultimately beneficial for the sector – Dueck and Joneja acknowledge that this provision is somewhat unique compared to competition law in other parts of the world. They say it may be necessary because of Canada's large size and relatively large population. Says Dueck: "The efficiencies argument gets a lot of attention, but it isn't used that often. It is just one factor that is part of the review of a proposed merger." Adds Joneja: "It helps our companies compete globally and has the scale to adapt to changing economic environments." David Elder, a partner in the privacy and data protection group at Stikeman Elliott LLP, points out that regulatory overlap can be "problematic." Elder notes that the privacy commissioner acknowledged in his submis- sion to the ISED proposals the increasing overlap in competition and privacy issues and advocated that this trend requires "greater cooperation between the various privacy and competition agencies." The Office of the Privacy Commissioner cannot collaborate formally with the bureau in investigations or share relevant information. However, Elder says, "There is "the risk of double jeopardy if, for example, you're an organization with two different regula- tors coming at you with a slightly different shade of argument on the same issue." "There is no evidence that overturning competition laws would achieve the desired goals" James Musgrove, McMillan LLP

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