7 June 2022
In all cases, the Council is of the view that greater consultation before implementing the changes would, and still could, improve them to the betterment of Canadians and the Canadian economy. [...] The increased fines to be set on global revenues of a firm that are not directly related to the harms of the practice greatly raises the likelihood that the fines could be found unconstitutional – the penalties could easily be in the billions of dollars for large corporations. [...] Some on the Council also expressed concern that the risks of over-deterrence are magnified by the changes in the BIA to allow private parties access to the Tribunal to make a complaint about abuse of dominance. [...] The problems of the BIA are reminiscent of similar process concerns that accompanied the legislative changes to the Competition Act in 2009 via the budget process. [...] Many Council members argue that the inevitable result is an over-correction, the need for legislative amendments again in the future and, more importantly, failure to achieve the government’s objective of improving the operation of the Competition Act.