In respect of the Competition Act, the bill promises to
protect consumers from anti-competitive behaviour as well as
unscrupulous business practices. In this regard, it makes the
establishing a dual-track approach to agreements between
competitors, with a limited anti-cartel provision and a civil
provision to address other agreements that substantially prevent or
repealing the criminal provisions dealing with price
discrimination and predatory pricing, thereby leaving them
exclusively under the civil provisions of the Competition
Act (abuse of dominance);
replacing the criminal resale price maintenance provision with
a new civil provision that will address situations where price
maintenance is having an adverse effect on competition;
introducing administrative monetary penalties for abuse of
increasing potential fines and terms of imprisonment for, among
other things, conspiracies, bid-rigging, obstruction and failure to
comply with a prohibition order;
introducing a second-request type process for mergers;
increasing the thresholds for mergers: size of transaction
threshold will increase to C$70-million from the current
C$50-million level, and will be reviewed annually; and
the Commissioner's right to challenge a merger before the
Competition Tribunal will be limited to a period of up to one year
after closing, as opposed to the current three years.
The bill, if passed, would also make various other changes, such
as in the areas of bid-rigging and misleading advertising.
Regarding the ICA, the bill undertakes to modernize the
legislation to encourage foreign investment and make certain that
new investments cannot jeopardize Canada's national security.
Of greatest significance to the ICA are the recommendations to:
introduce higher review thresholds for the Investment
Canada Act; and
introduce a national security test pursuant to the
Investment Canada Act.
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about your specific circumstances.
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