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On 21 September 2023, the Government of Canada introduced Bill C-56 or the Affordable Housing and Groceries Act ("Bill C-56"), broad legislation that includes amendments to the Competition Act that, if adopted, will repeal the efficiencies defense in mergers, expand the scope of agreements and arrangements subject to the civil competitor collaboration provision, and permit public interest market studies. The proposed amendments to the Competition Act align with the Prime Minister's recent announcement that the federal government would take action to enhance competition and drive down prices for Canadians, with a special focus on the grocery sector.
In late 2022, the Government of Canada initiated a formal legislative review of the Competition Act, including a public consultation, in an effort to modernize Canadian competition law and policy. Bill C-56 proposes targeted amendments to the Competition Act that have been previously raised as key issues throughout the legislative review and public consultation processes.
Bill C-56 proposes three amendments to the Competition Act:
The proposed amendments will significantly impact parties' strategy and risk assessment for certain complex mergers, collaborations among unaffiliated businesses that may impact competition at another level of trade, and businesses operating in markets that could become the focus of public policy scrutiny. As these amendments represent only piecemeal changes to the Competition Act, the Government of Canada will likely soon introduce additional amendments that will more comprehensively modernize Canadian competition law.
Although Bill C-352 incorporates some of the Bureau's recommendations on modernizing Canadian competition law, it is rare for private member's bills to become law. Bill C-352 may be a peek behind the curtain for the future amendments that the federal government will introduce.
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