Less than a year ago, Canada made significant amendments to the Competition Act, including increases to fines and penalties, creating a new offence for wage fixing, and redefining its Abuse of Dominance law. In the wake of these changes, Innovation, Science and Economic Development Canada (ISED) is exploring a wide variety of additional potential reforms in its Discussion Paper, The Future of Competition Policy in Canada.

Members of McMillan's Competition, Antitrust & Foreign Investment practice, James Musgrove, Partner, and Associate Hannah Johnson, have prepared detailed comment in a paper submitted to the ISED consultation process on the future of competition policy in Canada. A summary of their views has been published in a new intelligence memo with the C.D. Howe Institute.

As they note in the intelligence memo, the proposed changes explored in the Discussion Paper would fundamentally alter the structure of competition law in Canada and may pose significant risks to the Canadian economy by causing firms to compete less aggressively. Moreover, these changes are not supported by a clearly pressing need for reform, Musgrove and Johnson contend.

These are important insights and showcase McMillan's thought leadership around the laws that govern business efficiency and adaptability at all levels in Canada.

The full report and submission to ISED is entitled What's It All About, Matthew? — Some Thoughts On The Future Of Competition Policy In Canada. You can read the report here.

The foregoing provides only an overview and does not constitute legal advice. Readers are cautioned against making any decisions based on this material alone. Rather, specific legal advice should be obtained.

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