Council Reports

The C.D. Howe Institute Competition Policy Council (the Council) met on Friday, October 13, 2023, to debate the calls for bright-line rules and presumptions, and whether such proposals are an appropriate approach to competition law enforcement that would effectively address issues of affordability and lagging productivity in Canada.

The tabling of a Private Member’s Bill on September 18, 2023, by Jagmeet Singh, leader of the New Democratic Party, titled Lowering Prices for Canadians Act1
brought this discussion into scope as it proposes bright-line tests and presumptions specifically in the context of Canada’s merger review laws. A November 16, 2023, Motion in the House has proposed that during its…

March 30, 2023 – Reforms to Canada’s Competition Act must be evidence-based and homegrown, and are only the start of the conversation on promoting Canada’s competitiveness, according to a new Communiqué from the C.D. Howe Institute Competition Policy Council.

Released in response to the federal government’s discussion paper on reforms to the Competition Act, the Council’s 24th Communiqué emphasizes the need for caution before departing from established Canadian law and process – urging the government to rely on evidence demonstrating the need for change, instead of mimicking developments in competition law and policy in foreign jurisdictions that are still untested.

Referencing how the EU Digital…

June 9 – The government missed key opportunities to consult with various constituencies affected by proposed amendments to the Competition Act in the Budget Implementation Act. While agreeing with Minister Champagne regarding the critical role of the Competition Act in promoting dynamic and fair markets, the Competition Policy Council does not think that such consequential changes to the legislation intended to improve its operation can, or should be, done without input from stakeholders. 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. This is the consensus of the C.D. Howe Institute…