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Closing the Back Door Route to Cartels: The Need to Clarify the Regulated Conduct Doctrine - C.D. Howe Institute Competition Policy Council


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November 20, 2012 - The Competition Bureau should actively engage in competition matters in regulated sectors of the economy, where anti-competitive conduct may be protected by government legislation or authority. This is the consensus view of the C.D. Howe Institute’s Competition Policy Council, which held its fourth meeting on November 8, 2012.

Members of the Council held that the Bureau should more clearly delineate the scope of anti-competitive practices that it sees as protected by provincial or federal legislation or delegated authority; and it should be directly engaged in regulatory decisions that potentially impair competition. As well, the Bureau should contribute independent analysis in merger reviews in regulated sectors.

The Competition Policy Council comprises top-ranked academics and practitioners active in the field of competition policy. The Council, chaired by Finn Poschmann, Vice President, Research at the C.D. Howe Institute, provides analysis of emerging competition policy issues. The Council, whose members participate in their personal capacities, convenes a neutral forum to test competing visions of competition policy and share views with practitioners, policymakers and the public. Konrad von Finckenstein, former Commissioner of Competition and Chairman of the Canadian Radio-television and Telecommunications Commission (CRTC), joined this meeting of the Council as a special guest.

Click here for the full report.

For more information contact: Finn Poschmann, Vice President of Research, C.D. Howe Institute. 416-865-1904; email: cdhowe@cdhowe.org

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© 2014 C.D. Howe Institute. All Rights Reserved.