Canadian Lawyer InHouse

33 canadianlaWyermag.com/inhouse june 2014 pharmaceutical companies in the U.S. must disclose the payments, but no such obliga- tion exists in Canada. However, the bureau appears determined to ramp up its activities in this area, says Ackhurst. "The previous commissioner [said] that reviewing the intellectual prop- erty and competition relationship, while important, just wasn't a priority. Now it's pretty clear that it is a priority." That same former commissioner, Mela- nie Aitken — who moved to Bennett Jones LLP last year — doesn't predict sea change under her successor John Pecman. She expresses confusion at a recent media report that used the bureau's decision to resurrect the s. 11 subpoena powers of the Competition Act as evidence of a tougher enforcement regime. Aitken calls the s. 11 decision "a perfectly sensible thing to do" but suggests it could "draw the commissioner" into interlocutory challenges. "It will be interesting to see whether it helps or hinders the commissioner to get information," she says, adding: "I struggle to see the other indicators of a change to more enforcement." An FTC-style stance seems unlikely in Canada when one considers recent decisions by the bureau. Take its approach in March regarding the acquisition of Shoppers Drug Mart Corp. by Loblaw Companies Ltd. The deal was approved on the condition that Lo- blaws divested 18 stores. This could be the right number, but does not suggest an ag- gressive resolution, says Aitken. Regarding the bureau's investigations into the areas of health care and pay-for- delay settlements, she says: "I think we can expect a bit more exploring and not so much enforcement." "In many respects they're right to simply study and consider, and watch what's going on around the world . . . we live in a fairly borderless world," says Aitken. The bureau is consid- ering whether to release documents from its Novem- ber antitrust workshop, which may shine further light on its likely approach. However, attend- ees do not appear to have come away with a strong sense the bureau is likely to take a radical or bullish approach. "The bureau was doing it to listen, not setting out its views or positions," says Vanveen. Nevertheless, the pharmaceu- tical sector is well aware it is on the bureau's "radar," and is watching and waiting with interest, says Ackhurst. IH borderless world," says The bureau is consid- ering whether to release documents from its Novem- ber antitrust workshop, which may shine further light on its likely approach. However, attend- ees do not appear to have come away with a strong sense the bureau is likely to take a radical or bullish approach. "The bureau was doing it to listen, not setting out its views or positions," says Vanveen. Nevertheless, the pharmaceu- tical sector is well aware it is on the bureau's "radar," and is watching and waiting with interest, says Ackhurst. IH IH I i think we can expect a bit more exploring and not so much enforcement. MelAnie AiTKen, Bennett jones llP '' '' Experience Counts. Referrals respected and appreciated. Employment and Labour Lawyers Shields O'Donnell MacKillop LLP 416.304.6400 65 Queen Street W, Suite 1800, Toronto, Ontario Canada M5H 2M5 Shields_IH_Apr_11.indd 1 3/1/11 10:04:56 AM I n d u s t r y S p o t l i g h t

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