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ARTICLE · 29 OCTOBER 2013

Competition Bureau Updates Guidance On Confidential Information

Norton Rose Fulbright Canada LLP
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Last month Canada’s Competition Bureau (the Bureau) released its updated Information Bulletin on the Communication of Confidential Information under the Competition Act (the New Policy).

CanadaAntitrust/Competition Law
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Last month Canada's Competition Bureau (the Bureau) released its updated Information Bulletin on the Communication of Confidential Information under the Competition Act (the New Policy). The bulletin clarifies and revises elements of the Information Bulletin on Confidential Information under the Competition Act (the Old Policy) that was released six years ago. These changes reflect several trends in Canadian competition law such as: the public disclosure of mergers; increased cooperation between foreign competition authorities; and preserving and strengthening the Bureau's immunity and leniency programs as effective tools for enforcement.

The Old Policy

General

Under the Old Policy, the Bureau's general practice was to minimize the extent to which the confidential information it obtained while administering or enforcing the Competition Act (the Act) was communicated to persons outside the Bureau. The Old Policy stated the Bureau would be vigilant in

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