ARTICLE
16 December 2014

Proposed Competition Act Amendments Authorize Investigation Of Cross-Border Price Discrimination

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Davies Ward Phillips & Vineberg

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On December 9, 2014, the Canadian government released Bill C-49, the Price Transparency Act, to amend the Competition Act.
Canada Antitrust/Competition Law

On December 9, 2014, the Canadian government released Bill C-49, the Price Transparency Act, to amend the Competition Act. February's  federal budget proposed prohibiting unjustified price discrimination to reduce the gap between consumer prices in Canada and the United States. However, possibly in recognition of significant concerns raised in response to this proposal, Bill C-49 contains no penalties for country-based pricing (cross-border price discrimination). Instead, it allows the Commissioner of Competition to investigate and publicly report on Canada/U.S. cross-border price discrimination.

The bill also introduces some technical amendments designed to treat partnerships and other non-corporate entities in the same way that the Competition Act treats corporations. These amendments would help to clarify the availability of certain defences or exemptions to particular provisions of the Act.

Proposed Competition Act Amendments Authorize Investigation Of Cross-Border Price Discrimination

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