2014 Competition Law Spring Forum
Wednesday, May 21, 2014
Toronto Board of Trade
Toronto, ON
Competition Law and Regulated Industries: What Happened to the Invisible Hand?
Conflict, Co-Existence and Coordination
PROGRAM
8:30 – 9:00
REGISTRATION & BREAKFAST
9:00 – 9:10
INTRODUCTION
Section & Conference Chairs:
Denis Gascon, CBA Section Chair
Randall Hofley, Conference Chair
9:10 – 10:30
The Limits of Competition Act Enforcement in Regulated Industries: When Does the Regulated
Conduct Doctrine Apply?
The Competition Bureau is increasing its role in promoting or enforcing the Competition Act in
regulated industries, testing the boundaries of the regulated conduct doctrine. Panelists from private
practice and the Bureau will discuss the status and application of the regulated conduct doctrine in
Canada, the legal and practical limits of its application, and the resulting implications for the
enforcement of the Competition Act in regulated industries.
Moderator:
Brian Facey, Blakes
Panel:
Neil Finkelstein, McCarthys
Michelle Lally, Oslers
Jonathan Chaplan, Executive Director and Senior General Counsel, Competition
Bureau, Legal Services
10:30 – 10:45
REFRESHMENT BREAK
10:45 – 12:00
The Interface Between Sector Regulation and Competition Law: The Experience in the US,
Europe And Elsewhere
The debate over the appropriate roles for sectoral regulation and competition law is not unique to
Canada. What can we draw from the experiences in other jurisdictions? In a roundtable format, a
panel of distinguished legal experts from the U.S. and the European Union will discuss and debate
the approaches taken in their jurisdictions to this issue, as well as key lessons learned and the
anticipated way forward on these issues.
Moderator:
Subrata Bhattacharjee, BLG
Panel:
Sean Ennis, Sr. Economist, OECD Competition Secretariat
Mike Knight, Jones Day
Andreas von Bonin, Freshfields
Topics and speakers are subject to change
12:15 – 14:00
LUNCH AND KEYNOTE SPEAKER
Sponsored by Berkeley Research Group, LLC
Address by Commissioner of Competition J. Pecman on the Bureau’s Regulatory and Related
(e.g. IPEGs) Initiatives
14:00 – 15:30
Case Studies from Regulated Sectors: Too Many Cooks or Just Right?
The competition law - regulation interface has recently been at the forefront in several regulated
sectors of the Canadian economy, such as telecommunications, energy and power. Using these
sectors as “case studies”, panelists will discuss the practical implications of multiple regulators and
having to comply with both competition law and regulatory requirements, the practical applications
and limits of both sector regulation and competition law enforcement in these sectors, and the
means by which conflict can be avoided and coordination can be promoted.
Moderator:
G. Addy, Davies
Panel:
Harry Chandler, Alberta, MSA
Martine Dagenais, Deputy Commissioner, Competition Bureau – Economic Policy &
Enforcement
Rob Malcolmson, Goodmans
Nick Schultz, Vice President, Pipeline Regulation and General Counsel, CAPP
Ted Woodhead, Telus
15:30 – 15:45
REFRESHMENT BREAK
15:45 – 17:00
To Regulate or Not to Regulate – Is that the Question?
With the Commissioner of Competition becoming more active in regulated industries and seeking
public input on this issue, the time is right to debate the limits of the competition law/ industryspecific regulation interface. In a roundtable format, a panel representing the perspectives of legal
practitioners, regulators, former law enforcers and economists will weigh in on this and related
issues, including the circumstances, if any, in which industry-specific regulation is desirable and the
appropriate limits on such regulation.
Moderator:
Susan Hutton, Stikemans
Panel:
Neil Campbell, McMillan
Professor J. Church, University of Calgary
Monica Kowal, General Counsel, Ontario Securities Commission
Lawson Hunter, Stikemans
17:00 – 18:00
RECEPTION
Sponsored by Epiq
Accreditation: The time spent attending this program (6.5 hours) may be applied towards the annual CPD
requirement in all MCPD jurisdictions.
Registration: For details, or to register, visit the conference webpage: cbapd.org/details_en.aspx?id=NA_spcomp14.
Topics and speakers are subject to change