PIAC Submission to the Consultation on the future of competition policy in Canada

PIAC believes that the ‘modern’ history of Canadian competition law, in the era since the passing of the Competition Act in 1986, and in particular, the flaws in that law demonstrated by recent failures of the Commissioner of Competition to block mergers, make clear that the law is ineffective in controlling any significant aspect of competition law in the public interest. [...] The Commissioner of Competition, in speeches, Parliamentary testimony and in the media has expressed frustration with the powers under the Act, its interpretation by the Courts, the Bureau’s resources and the arrogant assumption of its irrelevance by major corporations in Canada, who view the regulation as a minor speed bump. [...] PIAC, as a representative of consumers in many often otherwise regulated areas (such as telecommunications and broadcasting, airlines, banking and electronic commerce) where competition law affects the structures of the markets, the market conduct of major corporate entities towards consumers and competitors, and other regulators and the government, have seen the complete collapse of the Competiti. [...] Purpose of Act (1) The purpose of this Act is to promote and maintain competition in the Republic in order – (a) to promote the efficiency, adaptability and development of the economy; (b) to provide consumers with competitive prices and product choices; (c) to promote employment and advance the social economic welfare of South Africans; (d) to expand opportunities for South African participation. [...] While the DOJ has the tools and discretion to tightly control the merger review process and 26 Consultation on the future of competition policy in Canada Submission of the Public Interest Advocacy Centre 31 March 2023 circumscribe the conduct of the merging parties, the Bureau, as demonstrated through the Rogers/Shaw transaction, lacks similar powers.