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ARTICLE · 02 JULY 2024

Formal Market Studies Power And Other Procedural And Remedial Matters

Osler, Hoskin & Harcourt LLP
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In addition to the significant changes to the Competition Act (Act) discussed throughout this guide, recent amendments also include the enactment of a formalized market studies power...

CanadaAntitrust/Competition Law
Shuli Rodal
Shuli Rodal
Michelle Lally
Michelle Lally
Kaeleigh Kuzma
Kaeleigh Kuzma
Christopher Naudie
Christopher Naudie
Adam Hirsh
Adam Hirsh
Alysha Pannu
Alysha Pannu
Danielle Chu
Danielle Chu
Chelsea Rubin
Chelsea Rubin
Zach Rudge
Zach Rudge
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In addition to the significant changes to the Competition Act (Act) discussed throughout this guide, recent amendments also include the enactment of a formalized market studies power, a new prohibition of "reprisal actions", limitations on cost awards against the Commissioner of Competition (Commissioner) and a new certification regime to immunize agreements intended to protect the environment from the application of certain provisions of the Act. In this section, we discuss these additional amendments to the Act.

Formal market studies power established

Since December 15, 2023, a formal market studies power has been available to the Commissioner. Prior to the December amendments, only once a market inquiry had commenced because the Competition Bureau (Bureau) had reason to believe the Act had been violated was the Commissioner empowered to apply to the Competition Tribunal (Tribunal) for an order under its compulsory information gathering powers set out in the

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