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ARTICLE · 19 MAY 2023

Canada Should Avoid Costly Ex Ante Regulation Of Digital Markets

Fasken
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In the March 30, 2023 comments submitted by Fasken in response to the Government of Canada's consultation and discussion paper on the Future of Competition Policy in Canada...

CanadaAntitrust/Competition Law
John R. Pecman
John R. Pecman
Peter Mangaly
Peter Mangaly
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In the March 30, 2023 comments submitted by Fasken1 in response to the Government of Canada's consultation and discussion paper2 on the Future of Competition Policy in Canada (the "Discussion Paper"), significant concerns are raised about any amendments that move away from identifying anti-competitive conduct through evidence-based assessment of its effects and which would establish ex ante regulation to place blanket prohibitions on certain types of conduct by certain firms. In a paper recently published by the Competition Policy International3, we examine the international and Canadian debate around ex ante regulations for Big Tech platform companies. The paper explores the need for and costs associated with ex ante regulation and concludes that pursuing such regulations at this time in Canada would be ill-advised.

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