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bureau had to rely on voluntary cooperation
from industry. Now, the bureau can apply for
a court order to compel the production of
records, testimony, and written responses.
"It feels much more like a mandatory
compulsion to participate in the market study,
as opposed to more of a collaborative or volun-
tary approach," says Joneja. "e Competition
Bureau is getting new powers to conduct
market studies in a more formal and manda-
tory way than then they had before."
Second, the bureau can either initiate a
market study independently or the minister
of innovation, science, and industry can direct
the bureau to initiate one.
Bill C-56 also enacted a new framework for
abuse of dominance and increased maximum
monetary penalties for a violation.
e federal government has more
Competition Act amendments in its fall
economic statement implementation act,
2023, which is currently in second reading
in the House of Commons. e proposed
legislation would expand the rights of indi-
viduals and businesses to seek leave to bring
private rights of action to the Competition
Tribunal. Currently, these private rights of
action are available only for criminal viola-
tions – exclusive dealing, tied selling, market
restriction, and abuse of dominance. e
proposed amendments would extend their
use to deceptive marketing and civil compet-
itor collaborations.
"In the West, competition regulators are
getting more assertive," says Michael Amm,
co-head of the M&A practice at Torys LLP.
"Regulatory
assertiveness
breeds risk, and
it becomes more
complicated,
more costly, and
more uncertain to
complete deals"
Michael Amm
TORYS LLP
