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.
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- 8
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- Canada