Counterfactual

Join us for an exciting dive into the world of regulatory eDiscovery. In this episode of the Counterfactual podcast, we unpack key questions, including where to look for documents, how best to collect them, and how to choose the right technology for your review. Nyah King and Eric Robinson of KLDiscovery, two experts in the field, share their insights on a variety of facets of regulatory document productions. Nyah and Eric also fill us in on new technological advancements that may soon further shake up the eDiscovery landscape.

This episode focuses on current hot topics relating to Canada’s grocery sector and intersections with competition law, with a focus on rising food prices. Dr. Charlebois provides insights into food price forecasting and its challenges, food inflation trends, the affordability of groceries and whether Canada’s large grocery chains have engaged in profiteering. He also shares his views on how competition law should - and should not - be used to encourage food affordability and spur competition in Canada’s grocery sector. 

Join us for a special double-episode to kick-off the second season of the Counterfactual Podcast! We go behind the scenes with Canadian Competition Tribunal Chair, Justice Andrew D. Little, and his recent law clerk, Umang Khandelwal. The discussion covers the waterfront from Competition Tribunal practice and priorities to the future of competition law advocacy and points in between. This episode and will be of special interest to those considering a judicial clerkship, serving on the bench, appearing before the Tribunal or pursuing a career path in competition law generally. 

In the fourth quarter of 2022, Canada’s federal government proposed significant amendments to the Investment Canada Act’s national security review powers, including mandatory pre-closing notification for some control and non-control level acquisitions, implemented a new critical minerals policy, ordered three Chinese companies to divest critical minerals investments and, departing from past practice, announced that it will publicly name parties subject to national security reviews in certain circumstances, all during a time of heightened tensions with China. In our seventh episode of the podcast, Phil Harwood, Partner at Longview Communications and Public Affairs, joins us to share his perspectives on these important developments. 

In our sixth episode of the podcast, Julien Beaulieu, Lecturer in Law at the University of Sherbrooke, drops in to discuss environmental claims, greenwashing, green hushing, net zero pledges, and much more. Julien shares his insights into the legal regimes that apply to greenwashing, regulatory and compliance challenges regarding environmental claims, treatment of environmental claims in other jurisdictions, and other important topics in this complex and evolving area of competition law. 

You can access the report that Julien authored with the Quebec Environmental Law Center (CQDE) on climate washing and greenwashing in Québec and Canada here. 

In our fifth episode of the podcast, Majid Charania, Director of Compliance with the Competition Bureau of Canada, drops in to discuss the Bureau's revamped compliance program guidance with Counterfactual host, Julia Potter. Majid shares useful insights on the impetus for the updated guidance, the key changes from the 2015 edition, the value of compliance programs for companies of all sizes, and the essential elements of a credible and effective program. The revamped guidance is available online through the Bureau’s new Compliance Portal. The feedback link is open until June 9, 2023, and the Bureau encourages you to participate!

In our fourth episode of the podcast, Professor Joshua Gans of the University of Toronto’s Rotman School of Management drops in to discuss the economics of artificial intelligence with Counterfactual host Charles Tingley. Professor Gans shares his expert insights to clarify the nature, power and limitations of AI when it comes to business applications and the potential to influence competitive conduct in the marketplace. In addition to canvassing the potential competition law implications of AI, discussion extends to broader societal implications of machine learning and even to the must-have gadget recommended by Professor Gans in case listeners are looking for that special holiday gift. 

In our third episode, we sit down with the former national security and intelligence advisor to the Prime Minister, Vincent Rigby, and Associate Professor and security expert at the University of Ottawa’s Graduate School of Public and International Affairs, Thomas Juneau, to discuss their recent report on the threats to Canada and Canadians’ security, the sufficiency of Canada’s current strategy to protect its national interests, and how the Investment Canada Act fits into the broader national security toolbox.

In our second episode, two-time Competition Bureau Chief Economist, Dr. Lilla Csorgo, speaks with Counterfactual host Charles Tingley about her experiences and reflections in practice and within different enforcement agencies as a globetrotting economist…and also her creative side and recommendations for a top Kiwi travel experience.

In our inaugural episode, Counterfactual host Charles Tingley invites former Competition Commissioners, Lawson Hunter and George Addy, to discuss the current competition policy landscape in Canada and potential amendments to Canada’s Competition Act…as well as their favourite places to visit and their ‘alternate universe’ career ambitions.

Digital Media Committee Chair, Charles Tingley, announces the launch of the Counterfactual Podcast and provides a sneak peak at what listeners can expect to hear in future episodes of the podcast.

Brought to you by the CBA Competition Law and Foreign Investment Review Section.