Uncertainty and the Burden of Proof in Canadian Competition Law
• There are good reasons to take stock of Canadian competition law. The vulnerability of digital markets to market power stemming from network externalities and scale economies encourages reflection on whether the Competition Act continues to be suitable for present times. • Recently, a number of statutory amendments have been proposed to amend the […] Competition Policy Council
Vibrant, dynamic competition lies at the heart of a robust economy, and supportive competition policy is essential to innovation, growth, and consumers’ wellbeing. The Competition Policy Council comprises top-ranked academics and practitioners active in the field of competition policy. The Council is chaired by interim chair Elisa Kearney, Partner at Davies, Ward, Phillips & Vineberg […] A Step Too Far: Enshrining Structural Presumptions Governing Mergers in the Competition Act is Not Good for Canada’s Competitiveness
Competition law reform is proceeding in Canada in a piecemeal fashion involving three different bills. Bill C-56, An Act to amend the Excise Tax Act and the Competition Act, received Royal Assent on December 15, 2023. Bill C-59, The Fall Economic Statement Implementation Act, is currently at Second Reading in the House of Commons. Bill […] Lawrence P. Schwartz – StatsCan Data Enriches Competition Surveys: Let’s Have More, Please
To: Canada’s Competition Law Community From: Lawrence P. Schwartz Date: January 29, 2024 Re: StatsCan Data Enriches Competition Surveys: Let’s Have More, Please The Competition Bureau’s recent study on competition finds that “competitive intensity” decreased from 2000 to 2020. Does this important study deal adequately with the available Canadian research and the continuing questions about competition policy? In one […] Gullo and Exner-Pirot – Improving Canada’s Competitiveness
From: Michael Gullo and Heather Exner-Pirot To: Ministerial Working Group on Regulatory Efficiency for Clean Growth Projects Date: January 25, 2024 Re: Improving Canada’s competitiveness Canadian workers, industry and the federal government share a common goal of a strong economy and a healthy environment. This includes building infrastructure to support a low carbon energy system, as well as increasing […] Sen, Masson – Cheers to Ontario’s New Alcohol Marketing Framework
From: Anindya Sen and Paul R. Masson To: Ontario competition watchers Date: January 10, 2024 Re: Cheers to Ontario’s New Alcohol Marketing Framework Real competition is coming to Ontario alcohol retailing on January 1, 2026 after last month’s announcement about replacing the province’s Prohibition-era hodgepodge of rules. These reforms, which follow along the lines of our 2014 C.D. Howe […] How the Price of Milk Threatens Canada’s Auto Industry with Bill Robson and Martha Hall Findlay
How would the price of milk threaten Canada’s auto industry? Bill C-282 risks upturning trade negotiations with the world, especially our biggest trading partner. And if Donald Trump returns to the White House, Martha Hall Findlay tells the Institute’s Bill Robson and Michael Hainsworth that all bets are off.
Kearney, Johnson – Unpacking some of the Limitations of the Competition Bureau’s Report on Competitive Intensity in Canada
From: Elisa Kearney and Paul Johnson To: Canadian competition law observers Date: December 14, 2023 Re: Unpacking some of the Limitations of the Competition Bureau’s Report on Competitive Intensity in Canada The Competition Bureau’s new report on competition may have drawn flattering headlines, but what makes a good newspaper headline does not make sound policy. We urge caution before drawing […] Structuring Success: Canada’s Competition Act Must Remain Effects-based
The C.D. Howe Institute Competition Policy Council (the Council) met on Friday, October 13, 2023, to debate the calls for bright-line rules and presumptions, and whether such proposals are an appropriate approach to competition law enforcement that would effectively address issues of affordability and lagging productivity in Canada.
The tabling of a Private Member’s Bill on September 18, 2023, by Jagmeet Singh, leader of the New Democratic Party, titled Lowering Prices for Canadians ActOn September 18, 2023, NDP leader Jagmeet Singh introduced Bill C-352, a Private Member’s Bill which includes, among other amendments, proposals to introduce market-share thresholds into the merger review process of the …
Werner Antweiler – Unpacking the Real Sources of Rising Food Prices
From: Werner Antweiler To: Food price observers Date: November 27, 2023 Re: Unpacking the Real Sources of Rising Food Prices Consumers are complaining about high food prices, and indeed food prices have risen sharply since the end of the pandemic. Politicians have taken up the complaints. Liberals in Parliament have singled out record profits of grocery chains and the lack of […] Getting Personal: The Promise and Potential Missteps of Canada’s New Privacy Legislation
Canada’s governments have been grappling with threats to Canadians’ privacy posed by the fast expanding collection and use of their personal data, enabled in turn by increasingly powerful digital technologies. In this context, Canada’s federal Parliament is examining Bill C-27, the Digital Charter Implementation Act, which encompasses three new acts plus related amendments to existing acts (Canada […] Rosner, Zelikovitz – Let’s Loosen the Barriers to Private Competition Complaints
To: Competition Tribunal and Members of the Bar From: David Rosner and Josh Zelikovitz Date: November 9, 2023 Re: Let’s Loosen the Barriers to Private Competition Complaints In June 2022, the Competition Act was amended to permit private applications alleging abuse of dominance. Despite the reform, there has been no flood of litigation; instead, only […]