Canadian Competition Bureau Publishes Draft Guidelines On Anti-Competitive Conduct And Agreements

The Canadian Competition Bureau (Bureau) recently published draft enforcement guidelines (Draft Guidelines) that cover most of the reviewable conduct (non-criminal) provisions of the Competition Act (Act), namely provisions addressing anti-competitive agreements, abuse of dominance, exclusive dealing, tied selling, market restriction, price maintenance and refusals to deal.

Although the Bureau is accepting comments on the Draft Guidelines until January 29, 2026, it has stated that, pending finalization, the draft will inform the Bureau's enforcement of the relevant provisions of the Act. Notable takeaways include the following:

• Abuse of Dominance. The Draft Guidelines address the Bureau's abuse of dominance enforcement approach in light of recent amendments to the Act. Despite a new statutory power to secure prohibition orders under the abuse of dominance provisions without demonstrating a substantial prevention or lessening of competition, the Draft Guidelines