As of December 15, 2023, the Canadian Competition Bureau ("Competition Bureau") has wide-ranging powers to investigate entire industries or specific market participants such as your business, collect documents and data, interview executives and employees, and – alone or with federal prosecutors – bring expensive and public legal actions with the information it obtains.
Beyond the burden of complying with a market study, the conclusions from a market study may have important reputational impacts or lead to governmental policy changes, with significant implications for your business. In addition, information obtained during a market study could lead to further investigations or legal actions by the Competition Bureau. These actions could be under the civil provisions of Canada's Competition Act, such as with respect to abuse of dominance, or misleading advertising as well as under its criminal provisions, such as with respect to price fixing, output restriction, market allocation, or bid-rigging.
Building upon Blakes extensive experience assisting many clients with market studies and Competition Bureau investigations in a variety of industries, including in the grocery, beer, financial technology, and telecommunications industries, this toolkit provides critical background information and practical advice on what to do if a market study is initiated in your industry.
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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.