The Canadian Competition Bureau, the agency responsible for initiating and overseeing reviews of corporations involved in mergers and acquisitions, processes more than 200 competition reviews each year to determine whether they will have a negative impact on competition in the marketplace. In a statement last year, a representative from the bureau indicated increasing activity on this front.
Corporations responding to competition inquiries face an advanced course in electronic discovery in order to collect, review and produce the information being requested by the regulating body. The process is different from what lawyers are accustomed to when reviewing documents for litigation. For one, the scope of document review tends to be broader; it moves much faster; and legal teams need to be better equipped and stronger to effectively handle the work. Deadlines are shorter, data volumes are higher and, for added pressure, regulators and executive boards keep close tabs on progress.
