Re: Bill C-59, Fall Economic Statement Implementation Act, 2023 Background

In fact, the Commissioner of Competition told the House of Commons Finance Committee that the Competition Bureau is “keenly aware of the importance of predictability” for Canadian businesses and the Bureau “will take care to ensure that its approach going forward with respect to [the application of the proposed amendments] is communicated clearly and transparently to businesses and stakeholders al. [...] Reconsider monetary penalties applicable to civil competitor collaboration provisions to ensure a cohesive enforcement framework In addition to prohibition orders and other remedies currently available on consent for conduct contrary to section 90.1, Bill C-59 proposes to give the Competition Tribunal the ability to impose administrative monetary penalties (AMPs) of up to the greater of $10 millio. [...] Given the amendments to the abuse of dominance provisions in Bill C-56, introduced one day before Bill C-59 was tabled, the CBA Section asks Parliament to question whether it is appropriate for Bill C-59 to include AMPs and private payment for contraventions of section 90.1(1). [...] To ensure a coherent and predictable enforcement framework, the CBA Section recommends amending sections 90.1(1.3) and (10.1) so that AMPs and private payment for contraventions of section 90.1(1) can only be ordered if the Tribunal finds that a significant purpose of the agreement or arrangement, or any part of it, is to prevent or lessen competition in any market. [...] Conclusion and Summary of Recommendations Given that material changes to the Competition Act were added to Bill C-56 at the last minute (only one day before Bill C-59 was tabled), the CBA Section recommends the following amendments to Bill C-59: 1.