Canadian Government Introduces Important Amendments To The Competition Act

On September 21, 2023 the federal government proposed key amendments to the Competition Act (Act). The proposed amendments follow the Prime Minister's recent announcement that the government would introduce changes to the Act designed to "enhance competition across the Canadian economy, with a focus on the grocery sector, which would help drive down costs for middle-class Canadians."

Key Amendments

The proposed amendments are significant, introducing three key changes to the Act:

• New market study powers. Although the Commissioner of Competition (Commissioner) had sought the power to independently initiate market studies on the state of competition in an industry, the proposed amendments allow for market studies to be initiated only by the Minister of Innovation, Science and Industry. However, the Commissioner will be able to seek a court order compelling third parties to produce information to assist the Commissioner in conducting the market study.