Gradually, Then Suddenly: Significant Competition Law Reform Arrives In Canada

After more than two years of much talk of Canadian competition law reform but only limited legislative action, on November 28, 2023, the Canadian government took initial steps towards implementing substantial amendments to the Competition Act (the "Act"). If passed, the latest amendments will dramatically broaden certain provisions of the Act, most significantly in relation to civil collaboration agreements (by applying to not only agreements between competitors) and abuse of dominance, and will alter Canada's competition law enforcement landscape, ushering in, among other changes, expanded private litigation, stronger civil conduct provisions, and a more expansive merger notification regime.