SWEEPING CANADIAN COMPETITION ACT
AMENDMENTS (BILL C-59) PASSED JUNE 20, 2024
On June 20, 2024, Bill C-59 was passed (the Fall Economic Statement Implementation Act, 2023), which introduced the third of three significant rounds of amendments to Canada’s federal Competition Act in two years (together with Bill C-19 and Bill C-56). This new round of amendments to the Competition Act completes a sweeping overhaul of the Competition Act across virtually all key provisions of Canada’s competition legislation. These amendments are also the most significant changes to Canadian competition law since the modern Competition Act came into effect in 1986 replacing the former Combines Investigation Act.
The Bill C-59 amendments, among other things, strengthen the Competition Bureau’s powers to enforce key deceptive marketing provisions of the Competition Act (e.g., relating to drip pricing, performance claims and ordinary selling price (OSP) claims), strengthen private party rights to seek Competition Tribunal remedies (e.g., for civil deceptive marketing and violations of the civil agreements provisions of the Act), introduce new penalties (e.g., administrative monetary penalties for violating the civil agreements provisions of the Act and for reprisal actions penalizing individuals for complying with the Act) and introduce a new clearance regime for environmental protection related agreements. Canada’s Competition Act merger review regime was also substantially overhauled, eliminating the efficiency defence, introducing market share presumptions and a more restrictive remedial test for restoring competition.
These amendments, together with those enacted in June 2022 and December 2023 (Bill C-19 and Bill C-56), increase the potential competition law risk for companies, trade and professional associations and other entities, particularly those without credible and effective competition law compliance programs and that have not reviewed their business practices to reflect Canada’s new competition laws. For the Competition Bureau’s summary of the June 20, 2024 Bill C-59 amendments to the Competition Act, see: Guide to the June 2024 amendments to the Competition Act (June 25, 2024).
Our blogs will be updated to reflect these amendments.
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We offer legal advice to clients involved in civil or criminal competition law, advertising law and other regulatory investigations.
We have acted for many corporate, association and individual clients relating to informal and formal investigations, information requests, criminal search and seizures and Competition Bureau Immunity and Leniency Program applications.
COMPETITION LAW INVESTIGATION SERVICES
Our competition law investigation related services include: advice in relation to criminal and civil searches, criminal investigations and inquiries, compulsory production orders (e.g., section 11 orders and search warrants under the Competition Act), information and document requests under the Competition Bureau’s Immunity and Leniency Programs, search and seizure guidelines, document retention programs and assisting clients file Competition Bureau complaints.
REPRESENTATIVE WORK
Some of our representative investigation related matters include acting for clients being investigated in relation to price-fixing and other competition law matters, attending on search and seizures, assisting clients file applications under the Competition Bureau’s Immunity and Leniency Programs, responding to information and document requests and filing and responding to Competition Bureau complaints.
For more information, see: Competition Complaints, Enforcement and Immunity and Leniency.
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