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ARTICLE · 06 JULY 2021

Revised Competition Bureau Guidelines Reflect A More Cautious Approach To Dealings Among Competitors

On May 6, 2021, Canada's Competition Bureau (Bureau) implemented the first revisions to its Competitor Collaboration Guidelines (CCGs) since they were issued over a decade ago.

CanadaAntitrust/Competition Law

On May 6, 2021, Canada's Competition Bureau (Bureau) implemented the first revisions to its Competitor Collaboration Guidelines (CCGs)1 since they were issued over a decade ago. The CCGs describe the Bureau's approach to enforcing the criminal and civil provisions of the Competition Act (Act) applicable to agreements among competitors and potential competitors.

While the revised CCGs are more "evolutionary" than "revolutionary," they signal an increased ambiguity about the Bureau's approach to certain types of competitor collaborations.

What are the Competitor Collaboration Guidelines?

The CCGs were first introduced in 2009, ahead of amendments to the Act aimed at narrowing the scope and increasing the effectiveness of the Canadian cartel conspiracy offence under section 45. At the same time, the 2009 amendments introduced a separate civil provision for non-cartel collaborations under section 90.1. The Bureau's original CCGs2 described these amendments as

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