Competition Bureau Releases COVID-19 Competitor Collaboration Guidance

Yesterday, the Canadian Competition Bureau published updated guidance¹ on both its enforcement approach to competitor collaborations that are designed to ensure the supply of products and services critical to Canadians arising from disruptions caused by COVID-19 and on a procedure by which private parties may obtain the Bureau's feedback on their proposed joint conduct. The Bureau's guidance confirms that the Competition Act continues to apply and, in this respect, parties' conduct remains subject to possible private enforcement.

In line with similar initiatives from competition regulators in various other jurisdictions, the Bureau's guidance confirms that it will refrain from strictly enforcing the criminal conduct provisions of the Competition Act where competitors are acting in good faith, they are motivated by a desire to contribute positively to the crisis, their response is intended to operate only for a short-term while the crisis remains and any