Revamping The Rules: Canadian Competition Act Update

Expanded scope for private enforcement, wider net cast for merger reviews, and other amendments in latest reform proposals

On November 28, 2023, the Canadian government proposed significant and wide-ranging amendments to the Competition Act (Act) that were previewed in the government's Fall Economic Statement. These additional reforms may be passed into law as early as the end of the year. They will not only affect businesses' conduct and their efforts to engage in transactions but substantially increase risks associated with non-compliance, and therefore, the approach to competition law compliance.

Among other things, these proposed amendments: significantly expand the rights and remedies available to private parties seeking to address anti-competitive or deceptive marketing conduct (private access); introduce administrative monetary penalties (AMPs) and the potential for merger-style divestiture orders with respect to joint ventures and other non-merger