The Evolving Competition Law Landscape in Canada
Where Are We Now?
Abstract
Recognizing the critical role of the Competition Act in promoting dynamic and fair markets, Canada’s Minister of Innovation, Science and Industry, the Honourable François-Philippe Champagne, announced on February 7, 2022 that he would carefully consider ways to modernize and improve its operation. Following this announcement, significant competition law reform has taken place in Canada, including the passage of Bills C-19, C-56 and C-59. All provisions of the Bills are now in force.
These Bills include amendments that touch on virtually all facets of competition policy in Canada. According to the Government’s 2023 Fall Economic Statement, these amendments are “generational changes” that “will help bring Canada into alignment with international best practices to ensure that our marketplaces promote fairness, affordability, and innovation”. Arguably, these amendments are the most significant changes to the Act in almost 40 years—changes that fundamentally alter and transform the competition law landscape in Canada.
This article discusses the key changes to the Act in the areas of abuse of dominance, merger review, criminal cartels, competitor collaborations, deceptive marketing and private rights of action. In doing so, it answers questions that many have been asking—including where are we now?
