Unleash Canada's Competition Watchdog: Improving the Effectiveness and Ensuring the Independence of Canada's Competition Bureau

Abstract

For three decades I had the honour of working at Canada's Competition Bureau - an agency internationally recognized as a leader in effective competition law enforcement. Though when I started as a case handler in 1984 I never expected, nor planned, to serve as Commissioner, leading the agency and the staff that have given so much to me both professionally and personally has been the highpoint of a rewarding career in service to the public. Though there is much to reflect on, my experience working to advance the principles of competition as an executive member of both the International Competition Network and the Organization for Economic Cooperation and Development certainly stands out. In my time at the Bureau, Canada's competition law and the Bureau itself have undergone tremendous change. Now, operating in a marketplace that is evolving at a frenetic pace, I believe the Bureau stands at a crossroads in its history; where evolution, both for the Bureau and for the legislation that it enforces, is absolutely imperative. Having had the opportunity to reflect on my three decades in competition law enforcement, I believe that the time is ripe to share the insight I have gained - with the goal of igniting a discussion about improving the institutional design, legislation and function of Canada's Competition Bureau. In what follows, I propose to provide: an overview of the Bureau's current design and function, historical background on Canada's competition law and the Competition Bureau, highlights of recent developments within the Bureau, an analysis of the current issues (and trends we expect will continue) in competition law and policy - and how the Bureau has responded to these. I will conclude by providing substantive recommendations for both structural (institutional) and legislative reform. I must preface this by saying that I am exceptionally proud of what we have accomplished together in my thirty years of employment at the Bureau - and in particular the work we have done in the last five years to strengthen the agency and prepare it for the future. When you lead an organization, it goes without saying that your successes are not yours alone but rather belong to the staff, who are the foundation upon which you stand. The Bureau is an organization that is teeming with talent and, in that respect, is well positioned to tackle the challenges that await it in the not too distant future.