Institutional Design and the Administration of Canadian Competition Law: Modernizing the Competition Tribunal

Abstract

With the federal government's consultation process to modernize Canadian competition law well underway, the time has come to revisit the structure and function of the Competition Tribunal. In recent years, the Competition Tribunal has faced criticism for lengthy decision-making timelines and an overly formal approach to resolving disputes. This paper examines certain other Canadian tribunals and foreign competition tribunals to gain insight into how other specialized decision-making bodies have been designed in order to fulfill their unique mandates. We then explore calls for reforming the Competition Tribunal championed by professors and practitioners alike before concluding with a list of four priorities to consider for Competition Tribunal reform. In accepting these four proposals, the federal government could ensure that the Competition Tribunal provides Canadians with increased access to justice through the efficient and effective resolution of disputes under the Competition Act.