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ARTICLE · 01 OCTOBER 2023

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UPDATE: Government Of Canada Introduces Legislation To Amend The Competition Act, End The "Efficiencies Defence"

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Last week, the Government of Canada announced its intention to amend the Competition Act (the "Act") in three ways. Yesterday, the government introduced Bill C-56, draft legislation that implements the amendments.

CanadaAntitrust/Competition Law
David Rosner
David Rosner
Michael Koch
Michael Koch
Devin Persaud
Devin Persaud
Jon Wall
Jon Wall
Josh Zelikovitz
Josh Zelikovitz
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Last week, the Government of Canada announced its intention to amend the Competition Act (the "Act") in three ways. Yesterday, the government introduced Bill C-56, draft legislation that implements the amendments. This Update compares the government's original announcement (see our September 15, 2023 Update) against the draft legislation. We expect the draft legislation to move quickly through Parliament and come into force later this year.

Compelled Production and Market Studies

The government's original announcement indicated the Competition Bureau would be given powers to compel the production of information from third parties to conduct market studies. The draft legislation permits the Bureau to seek a court order to compel information from third parties when conducting a market study, including the production of business records and sworn testimony of individuals.

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