2023 Year in Review

Abstract

2023 saw an overhaul of the competition regime in Canada and has given us reason to believe there are many more changes to come. Canada’s competitive intensity was on the forefront of Canadian’s minds and, accordingly, became a high priority for its politicians. Our legislation has seen extensive changes impacting virtually every major facet of the Act: the loss of efficiencies
defence impacts merger review, the civil collaborations provisions have expanded to include “non-competitors”, the abuse of dominance test has been wholly restructured, and the effects of the criminalization of wage-fixing and no-poaching agreements are being realized. The Bureau has become much more litigious, appealing the Rogers/Shaw decision and successfully arguing to uphold the Tribunal’s decision in Secure. Competition law has become increasingly swayed by public discourse, with the Bureau publishing market studies in areas such as the grocery industry, telecoms, financial services, and cannabis. The legislature, aligned with the Bureau, clearly intends to continue modernizing the Act to intensify competition in Canada. As competition becomes increasingly embedded in—and shaped by—popular discourse, it is important to ensure that stakeholders use their voices to ensure reform is balanced against commercial interests and the appropriate checks and balances against government authority. We can expect vigorous debate as we learn to maneuver our new competition regime and drive toward pro-competitive outcomes.