The Competition Act (formerly the
Combines Investigation Act) is a federal
statute addressing many forms of
competition. The Act is intended to promote
fair competition and efficiency in the
Canadian marketplace. The legislation
provides a framework for selected basic
principles involving the conduct of
businesses throughout Canada and applies,
with few exceptions, to all business
enterprises. The Act covers criminal as well
as civil law matters. Criminal offences
relate to price-fixing, bid-rigging, and
misleading advertising. Civil law issues
include mergers, abuse of dominant position
(activities to substantially lessen
competition in the marketplace), exclusive
dealing (hindering or preventing consumers
from dealing with other suppliers), and
refusal to deal (obstructing adequate supply
of products to persons carrying on a
business).
The Director of Investigation and
Research, head of the Competition Bureau, is
responsible for administration and
enforcement of the Act. The Bureau falls
under the responsibility of Industry Canada.
Bill C-20
In March 1999, Bill C-20 was proclaimed
into law. This bill represented a
significant overhaul of the Competition Act
with amendments concerning deceptive
telemarketing, disclosure by telemarketers,
Competition Bureau interception of private
communication in serious situations with
judicial authority, and protection of
individual identities for persons reporting
offences. In addition, Bill C-20 provided a
maximum statutory limit of ten years for
prohibition orders issued after proclamation
of the bill. The Federal Court subsequently
ruled that the Prohibition Order involving
real estate ended on March 18, 1999, the day
amendments to the Competition Act were
proclaimed.
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