Amendments

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The Commissioner of Competition, Matthew Boswell said in a recent speech that “it’s not bad to be big” while outlining the noteworthy legislative changes to the monopolistic practices provisions of the Competition Act. He added that “companies that grow large by innovating and competing on the merits should not be punished”. While high levels of market concentration can indicate potential monopolistic practices, modern competition policy recognizes that high market share alone should not be a concern.  Instead, the competitive dynamics of the market, consumer welfare, and the behaviour of the firms within the market must be considered to accurately assess the implications of market concentration. That being said, the recent amendments to the merger provisions which repealed the efficiency defence, introduced U.S. style rebuttable market concentration presumptions and now permit mergers to be blocked on the basis of market shares alone suggest that proposed mergers in concentrated sectors could be in for a bumpy ride from the Competition Bureau.Continue Reading Does firm size matter more with the recent amendments to the Competition Act?

This article was first published in Competition Policy International – Antitrust Chronicle on September 3, 2024; for further in-depth analysis, please visit the Antitrust Chronicle®

I. Introduction

Canada has embarked on a transformative journey to fortify its competition policy landscape, hopefully ushering in a new era of regulatory vigor and market fairness. The recent amendments to the Competition Act mark a significant milestone in Canada’s commitment to fostering a competitive marketplace that benefits consumers and businesses alike. Led by the efforts of policymakers, the Competition Bureau, and competition advocates, these reforms aim to address anti-competitive practices, enhance enforcement mechanisms, and promote a culture of fair competition.Continue Reading Amendments To The Competition Act Only One Step Towards A Truly Competitive Economy

The Competition Bureau (the “Bureau”) recently published interim guidance (the “Guidance”) outlining its preliminary enforcement approach to competitor property controls under the Competition Act (the “Act”). The Guidance was published after Parliament’s recent amendments to the Act in Bill C-59 and Bill C-56 expanded the scope of the civil…

On July 22, 2024, the Competition Bureau (the “Bureau”) announced that it is launching a public consultation to gather stakeholder feedback relating to the interpretation and application of the new greenwashing provisions of the Competition Act (the “Act”). Contemporaneously with this announcement, the Bureau also published a new issue (Volume 7) of its Deceptive Marketing Practices Digest, focusing on the application of provisions of the Act which existed prior to the amendments to environmental claims. As discussed below, the Digest does provide limited new guidance regarding environmental “claims about the future” (such as net zero claims).Continue Reading Competition Bureau Announces Public Consultation and Guidance on Greenwashing

Bill C-59 and its significant expansion of private competition litigation: Where are we now?

Recognizing the critical role of the Competition Act (the “Act”) in promoting dynamic and fair markets, Canada’s Minister of Innovation, Science and Industry, the Honourable François-Philippe Champagne, announced on February 7, 2022 that he would carefully consider ways to modernize and improve its operation. Following this announcement, significant competition law reform has taken place in Canada, including the passage of Bill C-19 on June 23, 2022, the passage of Bill C-56 on December 15, 2023 and the passage of Bill C-59 on June 20, 2024 (collectively, the “Bills”).Continue Reading Series – The Evolving Competition Law Landscape in Canada: Part 5 – Private Competition Litigation

Deceptive Marketing Practices (Greenwashing, Ordinary Sales Pricing, Drip Pricing) – Where Are We Now?

Recognizing the critical role of the Competition Act (the “Act”) in promoting dynamic and fair markets, Canada’s Minister of Innovation, Science and Industry, the Honourable François-Philippe Champagne, announced on February 7, 2022 that he would carefully consider ways to modernize and improve its operation. Following this announcement, significant competition law reform has taken place in Canada, including the passage of Bill C-19 on June 23, 2022, the passage of Bill C-56 on December 15, 2023 and the passage of Bill C-59 on June 20, 2024 (collectively, the “Bills”).

The Bills include amendments that touch on virtually all facets of competition policy in Canada, including, without limitation, merger review, abuse of dominance, criminal cartels, competitor collaborations, deceptive marketing, private rights of action and market studies. All provisions of the Bills are now in force, with the exception of a select few amendments which will come into force in 2024 and 2025.Continue Reading Series – The Evolving Competition Law Landscape in Canada: Part 4 – Deceptive Marketing Practices

Cartels, Agreements and Collaboration – Where Are We Now?

Recognizing the critical role of the Competition Act (the “Act”) in promoting dynamic and fair markets, Canada’s Minister of Innovation, Science and Industry, the Honourable François-Philippe Champagne, announced on February 7, 2022 that he would carefully consider ways to modernize and improve its operation. Following this announcement, significant competition law reform has taken place in Canada, including the passage of Bill C-19 on June 23, 2022, the passage of Bill C-56 on December 15, 2023 and the passage of Bill C-59 on June 20, 2024 (collectively, the “Bills”).

The Bills include amendments that touch on virtually all facets of competition policy in Canada, including, without limitation, merger review, abuse of dominance, criminal cartels, competitor collaborations, deceptive marketing, private rights of action and market studies. All provisions of the Bills are now in force, with the exception of a select few amendments which will come into force in 2024 and 2025.Continue Reading Series – The Evolving Competition Law Landscape in Canada: Part 3 – Cartels, Agreements and Collaboration

Merger Review – Where Are We Now?

Recognizing the critical role of the Competition Act (the “Act”) in promoting dynamic and fair markets, Canada’s Minister of Innovation, Science and Industry, the Honourable François-Philippe Champagne, announced on February 7, 2022 that he would carefully consider ways to modernize and improve its operation. Following this announcement, significant competition law reform has taken place in Canada, including the passage of Bill C-19 on June 23, 2022, the passage of Bill C-56 on December 15, 2023 and the passage of Bill C-59 on June 20, 2024 (collectively, the “Bills”).

The Bills include amendments that touch on virtually all facets of competition policy in Canada, including, without limitation, merger review, abuse of dominance, criminal cartels, competitor collaborations, deceptive marketing, private rights of action and market studies. All provisions of the Bills are now in force, with the exception of a select few amendments which will come into force in 2024 and 2025.Continue Reading Series – The Evolving Competition Law Landscape in Canada: Part 2 – Merger Review

Abuse of Dominance – Where Are We Now?

Recognizing the critical role of the Competition Act (the “Act”) in promoting dynamic and fair markets, Canada’s Minister of Innovation, Science and Industry, the Honourable François-Philippe Champagne, announced on February 7, 2022 that he would carefully consider ways to modernize and improve its operation. Following this announcement, significant competition law reform has taken place in Canada, including the passage of Bill C-19 on June 23, 2022, the passage of Bill C-56 on December 15, 2023 and the passage of Bill C-59 on June 20, 2024 (collectively, the “Bills”).Continue Reading Series – The Evolving Competition Law Landscape in Canada: Part 1 – Abuse of Dominance

The Evolving Competition Law Landscape in Canada – Where Are We Now and What’s Next?

The final (and most significant) legislative bill in Canada’s current competition law reform process – Bill C-59 –  received royal assent on June 20, 2024. 

Recognizing the critical role of the Competition Act (the “Act”) in promoting dynamic and fair markets, Canada’s Minister of Innovation, Science and Industry, the Honourable François-Philippe Champagne, announced on February 7, 2022 that he would carefully consider ways to modernize and improve its operation. Following this announcement, significant competition law reform has taken place in Canada, including the passage of the following three bills:Continue Reading BILL C-59 RECEIVES ROYAL ASSENT