Competition Bureau Releases Draft Anti-Competitive Conduct And Agreements Guidelines

On October 31, 2025, the Competition Bureau released its proposed new Anti-Competitive Conduct and Agreements Guidelines (the "Draft ACCA Guidelines") for consultation.¹ In light of recent substantial amendments to the Competition Act,² and developments in case law, the Bureau identified a need for revised guidelines outlining a comprehensive enforcement policy for anti-competitive conduct and agreements that may be anticompetitive (together referred to as the "ACCA Provisions"). The Bureau is seeking comments on the Draft ACCA Guidelines on or before January 29, 2026.

Previously, the Bureau's enforcement guidelines for the ACCA Provisions were found in three separate documents, being the enforcement guidelines for abuse of dominance, price maintenance and competitor collaborations.³ The Draft ACCA Guidelines represent an ambitious attempt by the Bureau to create a unifying policy for addressing a wide range of conduct while also revising its historical guidance to reflect legislative amendments and recent cases.

The Draft ACCA Guidelines cover conduct or agreements related to the following:

Among the key changes, the Draft ACCA Guidelines suggest that the Bureau will undertake a more flexible assessment of market power, placing greater emphasis on the practical and structural features of a market and the actual or threatened anti-competitive effects, rather than formal product market definitions. The Bureau has also signaled a more integrated enforcement approach, focused on first identifying anti-competitive conduct and agreements and their associated effects, and subsequently mapping that behaviour to one or more of the ACCA Provisions. It will be important to consider whether this more nebulous approach will make it more difficult for private parties to know if their day-to-day business activities may be subject to scrutiny under the Act.

While the Draft ACCA Guidelines are currently published only for public consultation, they provide the most up-to-date information on the Bureau's current enforcement policy and approach to the ACCA Provisions. We will provide in-depth analyses of the different subject areas impacted by the proposed ACCA Guidelines over each of the coming weeks.

Footnotes

1. See Competition Bureau (2025-10-31):

• News Release: Competition Bureau seeks feedback on new anti-competitive conduct and agreements guidelines;
• Consultation Overview: Public consultation on new anti-competitive conduct and agreements guidelines;
• Proposed Guidelines: Anti-competitive Conduct and Agreements Enforcement Guidelines.

2. See McMillan's bulletins summarizing the recent amendments to the Act enacted in June 2024, December 2023, and June 2022.

3. The Draft ACCA Guidelines seek to replace the Abuse of Dominance Enforcement Guidelines, the Price Maintenance Guidelines in their entirety, and the sections of the Competitor Collaboration Guidelines that apply to section 90.1 of the Act (civil anti-competitive agreements).

4. Namely, serial acquisitions and transactions that are coupled with other anti-competitive conduct or agreements.

The foregoing provides only an overview and does not constitute legal advice. Readers are cautioned against making any decisions based on this material alone. Rather, specific legal advice should be obtained.

© McMillan LLP 2025