Parliament Proposes Bill To Tackle Geographic Price Discrimination

On December 9, 2014, the Government of Canada introduced legislation aimed at addressing geographic price discrimination, specifically in the form of the much-discussed "U.S.-Canada price gap". If passed, Bill C-49, titled the Price Transparency Act, will amend Canada's Competition Act (the Act) to give the Commissioner of Competition the power to make inquiries into complaints that the selling price of a product or class of products (or of a similar product or class of similar products) is, or was, higher in Canada than in the United States.

What You Should Know about Bill C-49

• Scope of the Proposed Investigative Power:  When making an inquiry into potentially discriminatory pricing practices, the Commissioner will be empowered to make ex parte applications to obtain court orders compelling a person to (a) attend and be examined under oath or affirmation; (b) produce specified records, copies of records, or any other thing; or (c) deliver a written return