CIGI Papers No. 284 — September 2023 - Fair Competition for an Evolving Economy
27 September 2023
limits of corporate power and the threat that the concentration of this power might pose to the International peers are pursuing a range of future of competition and dynamism in economies approaches to introduce or reinforce the role of around the world. [...] Doubling down on the effects focus of the What a defence of fair competition could look abuse of dominance provisions, prevention of like in Canada can be informed by a survey of competition arguments require the bureau to emerging approaches to introducing or revitalizing forecast the future of a market and show that its role in competition policy internationally. [...] Beyond a narrow interpretation of the role of competition incipiency, the agency’s policy statement points policy and corresponding growth of monopoly to the narrowing that an effects-focused approach power, protecting fair competition is at the can have on the scope of conduct addressed by forefront of international policy discussions competition law enforcement, noting that practices and action. [...] full extent of the conduct is not known and is Rather than the narrowing conception of the likely present across the economy, then the FTC’s purpose of competition, Canada’s competition law approach is a better fit, reducing the risk of artificial should reflect the full range of potential benefits market delineations masking more widespread of competition. [...] Parliament at the heart of determining the rules of fair competition for the Canadian economy, balancing the role of the expert administrative agency with the democratic accountability of an elected government.