Bill C-59 and its significant expansion of private competition
litigation: Where are we now?
Recognizing the critical role of the Competition Act (the
"Act") in promoting dynamic and fair
markets, Canada's Minister of Innovation, Science and Industry,
the Honourable François-Philippe Champagne, announced on February 7, 2022 that he would
carefully consider ways to modernize and improve its operation.
Following this announcement, significant competition law reform has
taken place in Canada, including the passage of Bill C-19 on June 23, 2022, the passage of Bill C-56 on December 15, 2023 and the passage
of Bill C-59 on June 20, 2024 (collectively, the
"Bills").
The Bills include amendments that touch on virtually all facets
of competition policy in Canada, including, without limitation,
merger review, abuse of dominance, criminal cartels, competitor
collaborations, deceptive marketing, private rights of action and
market studies. All provisions of the Bills are now