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ARTICLE · 30 MARCH 2009

Competition Act Amendments: New Cartel Provisions Cast A Wide, Uncertain Net

McMillan LLP
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In an unprecedented move, the Federal Government has included as part of its 2009 Budget Implementation Act (Bill C-10) a radical overhaul of the Competition Act and a number of important amendments to the Investment Canada Act.

CanadaAntitrust/Competition Law
Neil Campbell
Neil Campbell
Éric Vallières
Éric Vallières
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In an unprecedented move, the Federal Government has included as part of its 2009 Budget Implementation Act (Bill C-10) a radical overhaul of the Competition Act and a number of important amendments to the Investment Canada Act. Budget bills are enacted quickly and with few revisions. A new era in Canadian competition law is on the horizon.

This McMillan Bulletin discusses the proposed amendments relating to Competitor Agreements and their implications for business. The proposed amendments relating to Advertising and Marketing, mergers and Pricing Practices are dealt with in separate Bulletins.

Restructuring of the Competitor Agreements Regime

Currently, it is a criminal offence under the Competition Act to conspire, combine, agree or arrange with another person to restrain or injure competition "unduly". Courts have interpreted the "unduly" requirement to mean that only agreements among businesses with market power that have serious adverse effects on

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