New Market Study Regime Gives Commissioner Powers To Compel Evidence

Introduction

Bill C-56, The Affordable Housing and Groceries Act¹ ("Bill C-56"), came into force over the holiday season and many of the Canadian Competition Bureau's (the "Bureau") wishes came true in the form of amendments to the Competition Act (the "Act").

As summarized in our recent bulletin, Bill C-56, introduces important amendments to the Act, resulting in the repeal of the efficiencies defence, an expansion of the Competition Tribunal's power to issue orders in respect of competitor collaborations and the introduction of formal market study powers. Bill C-56 represents the first of two sets of amendments proposed in 2023. Tabled in late 2023, Bill C-59 seeks to implement a broad range of measures stipulated in the Federal government's 2023 Fall Economic Statement. Bill C-59 received its first reading on November 30, 2023, and is moving steadily through the legislative process. If enacted, Bill C-59 will have noteworthy impacts on competition