On November 28, 2023, the Canadian government unveiled
another round of amendments to the Competition Act that
had been previewed in its Fall Economic Statement the previous
week. These changes, together with several amendments already
introduced in September 2023, represent the most significant
changes to Canadian competition law since the Competition Act was
introduced in 1986.
In short, the amendments expand the scope and incentives for
private litigation in Canada, and materially loosen the
requirements for a finding of anti-competitive behaviour in several
key areas. The principal winner here appears to be the
plaintiff-side bar, something we expect that Parliamentarians
passing these laws in haste are unlikely to appreciate. The losers
are likely to be businesses in Canada who will now have to assess a
broader array of their business practices through the lens of
whether a competitor, strategic litigant or "public
interest" group may sue them. The role of the
