Global Competition Law is primarly a practitioner's guide presenting the most salient aspects of the major competition laws country by country, giving an overview of their structure and most charasteristic elements.
Global Competition Law also provides insight into possible future developments in the field.

Global Competition Law

The Attorney General of Canada enjoys ultimate discretion and responsibility for the initiation of criminal proceedings (Section 23(1) of the Competition Act). However, in the area of antitrust enforcement, prosecutions are normally initiated by the Attorney General of Canada only after the recommendation of the Commissioner of Competition. …

The Attorney General of Canada

The Competition Bureau is part of the Federal Department of Industry of Canada and is headed by the Commissioner of Competition. The Bureau is responsible for administering and enforcing the Competition Act. The Competition Bureau is headed by the Commissioner of Competition and the latter enjoys statutory authority to administer and enforce the Competition Act (Section 7(1) of the Competition Act). In this regard, the Commissioner is charged with responsibility to investigate breaches of the Act and to initiate proceedings for reviewable practices, i.e. civil offenses under the Act.

Pursuant to the 2023 amendments, the Commissioner, on his own initiative or at the direction of the Minister, can now start an inquiry into the state of competition in a market or industry (subsections 10.1(1) and 10.1(2)).

The Competition Bureau

The Attorney General of Canada enjoys ultimate discretion and responsibility for the initiation of criminal proceedings (Section 23(1) of the Competition Act). However, in the area of antitrust enforcement, prosecutions are normally initiated by the Attorney General of Canada only after the recommendation of the Commissioner of Competition.

The Competition Tribunal, composed of up to six judges of the Federal Court of Canada and not more than eight non-judicial members (Section 3(2) of the Competition Tribunal Act), was established by the 1986 Competition Tribunal Act. The members are appointed for fixed terms of up to seven years and may be reappointed (Section 5(3) of the Competition Tribunal Act). One of the judicial members is appointed Chairman of the Tribunal by the Governor in Council (Section 4(1) of the Competition Tribunal Act).

Unlike the US Federal Trade Commission, the Canadian Competition Tribunal has no investigative powers or duties, and does not provide advice to the government on matters coming within its jurisdiction. The Competition Tribunal is solely an adjudicative body, with jurisdiction over non-criminal reviewable practices coming within the Competition Act. The Competition Tribunal has jurisdiction to hear and dispose of all applications made under Parts VII.1 and VIII of the Competition Act and any related matters (Section 8(1) of the Competition Tribunal Act). This includes matters involving abuse of a dominant position. Actions may be brought before the Competition Tribunal by the Commissioner and with regards to refusal to deal (Section 75 of the Competition Act) and exclusive dealing, tied selling, and market restrictions (Section 77 of the Competition Act) by individuals.

The Competition Tribunal

Criminal proceedings under the Competition Act are usually brought before the provincial Superior Courts of Criminal Jurisdiction and the latter Courts have exclusive jurisdiction for matters arising under Sections 45-49 (Section 67(3) of the Competition Act). However, the Federal Court shares jurisdiction with the Superior Courts of Criminal Jurisdiction over certain matters under, inter alia, Section 45 to 49, or over matters on indictment under Sections 52, 52.1, 55, 55.1 or 66 (Section 73(1) of the Competition Act).

Global Competition Law

861. The Attorney General of Canada

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Les notions juridiques connexes

861. The Attorney General of Canada

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Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise