Government Enacts Significant Changes To Canada’s Competition Laws

Bill C-10, the Budget Implementation Act, 2009 received Royal Assent on March 12, 2009. The bill introduced significant changes to the Competition Act (Act), most notably in the area of competitor conduct. While the majority of changes came into force upon Royal Assent, some of the most significant amendments will come into force in March 2010.

In the last issue of the McCarthy Tétrault Co-Counsel: Business Law Quarterly we discussed the changes to the merger review provisions of the Act. In this issue, we discuss other changes to the Act that have been made under the bill and that will be of interest to our business clients.

A. Reform of Criminal Provisions

• Per se Conspiracy Offence and a Dual-Track Approach — Under the current Section 45, the Crown must demonstrate beyond a reasonable doubt that agreements among competitors "unduly" lessen competition. When the amendments to the conspiracy provisions come into force on March 12, 2010, that burden will be