The Competition Bureau has opened up public consultation on its review of the merger enforcement guidelines in light of amendments to the Competition Act.
The bureau explained that effective merger control was key to a competitive market that would benefit Canadians; anti-competitive mergers could drive an increase in prices, limit options, and restrict innovation. The Competition Act was modified in order to update competition laws in the country.
Changes made to the Act in June 2022 included fixes to loopholes in merger notification requirements, as well as clarification of aspects of the merger review process. In December 2023, the efficiency defense in merger reviews was eliminated. Further amendments introduced in June 2024 strengthened the refusal to deal provision and granted more private access to the Competition Tribunal.
The input collated from Canadians will inform updates and changes to the 2011 guidelines, thus more effectively reflect current practices, legal and economic developments, and Competition Act amendments, the Competition Bureau said in a media release.
The bureau put together a discussion paper that outlined the review’s context as well as possible areas for updates. The goals of the review were to ensure that the guidelines achieved the following:
- Accurately identified merger types that are likely to hurt competition and indicate all of the anti-competitive impacts of such mergers;
- Account for the growth in digital technologies and their impact on how mergers can hurt competition;
- Took into consideration recent legal and economic developments;
- Integrated recent changes to the Competition Act;
- Displayed clarity and accessibility.
The window for providing feedback is open until January 12, 2025. The public can submit input via an online form on the bureau’s website. The Competition Bureau stated that unless confidentiality was requested, all submissions would be posted on the website.
The merger enforcement guidelines set out the general direction in relation to the assessment of mergers by the bureau.