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ARTICLE · 13 AUGUST 2026

Five Key Things To Know About The Competition Bureau’s Guidance On Cartel Enforcement

McMillan LLP
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Canada's Competition Bureau has released draft Cartel Enforcement Guidelines that consolidate and update guidance on criminal cartel provisions, introducing significant new positions on bid-rigging, foreign-based conspiracies, facilitating practices like MFN clauses, franchise systems, and employer agreements. These proposed guidelines expand the Bureau's enforcement approach beyond established case law and warrant careful attention from Canadian businesses operating in competitive markets.

CanadaAntitrust/Competition Law
Neil Campbell
Neil Campbell
William Wu
William Wu
Andrae J. Marrocco
Andrae J. Marrocco
Tolu Ogidi
Tolu Ogidi
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The Competition Bureau is consulting on proposed updates to its draft Cartel Enforcement Guidelines (the “CEGs“).1 The CEGs combine and update guidance previously contained in the cartel-related sections of the Competitor Collaboration Guidelines2 and the Enforcement Guidelines on Wage-Fixing and No-Poaching Agreements. The five most notable areas of new or revised guidance involve bid-rigging, foreign-based cartel activity, facilitating practices such as MFN clauses, franchise systems, and agreements between employers that may not be competitors.

1. Bid-Rigging and the “Made Known” Defence

The CEGs provide guidance on the Bureau’s approach to the “call for bids or tenders” element of the bid-rigging offence, how it will analyze the “made known” defence, and situations where it will instead pursue enforcement under the general conspiracy offence.

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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.

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