What’s it all About, Matthew?—Some Thoughts on The Future of Competition Policy in Canada

Abstract

This paper explores the proposals for Competition Act amendments advanced by Innovation, Science and Economic Development Canada in its discussion paper, The Future of Competition Law in Canada. It argues that the discussion paper proposes significant-in some cases transformative-changes to a framework law that, while imperfect, has served Canada well over the years. This paper suggests that the need for such fundamental change has not been persuasively articulated in the discussion paper, and that a number of the changes are likely to be damaging to the Canadian economy, materially increasing the risks of "Type I Errors" and chilling aggressive competitive conduct.