Federal government to update Canada’s competition law

On Thursday, November 17, 2022, the federal government branch Innovation, Science and Economic Development Canada (ISED) began consultations on a broad range of proposed changes to competition law and policy in Canada. These consultations could potentially lead to new legislation to update Canada’s competition law and policy framework for the modern economy.

RCC will be monitoring the competition reform consultations for issues that particularly impact our members. The public consultation period runs until February 27, 2023. If you are interested in further updates and would like to see an RCC response, please let us know by emailing Senior Policy Analyst Kate Skipton at kskipton@retailcouncil.org.

Areas where the Government believes more competition reforms may be warranted include the following:
• Better addressing potentially harmful mergers that currently escape scrutiny or remedy, including through the operation of the efficiencies defence, in a timely fashion;
• Ensuring the necessary elements are in place to remedy unilateral forms of anti-competitive conduct, such as abuse of a dominant position, notably with regard to large online platforms;
• More broadly recognizing and penalizing coordinated action between businesses that is harmful to competition, such as competitor collaborations;
• Better considering effects on labour throughout the Act;
• Taking into account the implications of new technology and business practices for deceptive marketing provisions;
• Bolstering the effectiveness of the Competition Bureau’s powers in today’s economy, including the limits on its ability to make binding decisions or seek information within and outside enforcement; and
• Potentially expanding the scope of private recourse, and ensuring the effective operation of the Competition Tribunal.

This consultation follows several amendments to the Competition Act, introduced in the Budget Implementation Act, 2022, no. 1, that have already come into force. RCC hosted the Competition Bureau for a Q&A with members on these amendments earlier this year. View summary of Bureau Q&A and resources.