The Competition Bureau (French: Bureau de la concurrence) is an independent law enforcement agency that ensures that Canadian businesses and consumers prosper in a competitive and innovative marketplace [1].
Headed by the Commissioner of Competition, the Bureau is responsible for the administration and enforcement of the Competition Act, the Consumer Packaging and Labelling Act, the Textile Labelling Act and the Precious Metals Marking Act.
The basic operating assumption of the Competition Bureau is that competition is good for both business and consumers.
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The current Commissioner of Competition is Melanie Aitken. She served as Interim Commissioner of Competition since December 2008 and was formally appointed to the position on August 5, 2009.[2]
The Commissioner is responsible for the administration and enforcement of the Competition Act and three labelling statutes, the Consumer Packaging and Labelling Act, the Precious Metals Marking Act and the Textile Labelling Act.
Under the Competition Act, the Commissioner can launch inquiries, challenge civil and merger matters before the Competition Tribunal, make recommendations on criminal matters to the Attorney General of Canada, and intervene as a competition advocate before federal and provincial bodies.
As head of the Canadian Competition Bureau, the Commissioner leads the Bureau's participation in international fora such as the Organization for Economic Cooperation and Development (OECD) and the International Competition Network (ICN), to develop and promote coordinated competition laws and policies in an increasingly globalized marketplace.
Responsible for detecting and deterring restrictive trade practices that have a negative impact on competition, such as abuse of dominance, refusal to deal, exclusive dealing, tied-selling and price maintenance. Activities will also extend to certain types of anti-competitive agreements or arrangements of a non-criminal nature.
Responsible for ensuring that Branches work within approved policies and procedures and have what they need to do their work (Capacity Building, Enforcement Services, Management Services).
Responsible for detecting and deterring hard core cartels including conspiracies, agreements or arrangements among competitors and potential competitors to fix prices, allocate markets or restrict supply, and bid-rigging. For cartels other than bid-rigging entered into prior to March 12, 2010, an undue lessening of competition must be proven. The Branch also actively reaches out to stakeholders engaged in procurement to enable them to detect and deter bid-rigging and other cartel activities.
Responsible for providing expertise on leading economic theory, advice on enforcement matters and policy/advocacy activities of the Bureau, and for developing and disseminating economic knowledge to the Bureau.
Responsible for promoting a competitive marketplace by discouraging deceptive business practices and by encouraging the provision of sufficient information to enable informed consumer choice. The Branch administers and enforces the Consumer Packaging and Labelling Act, the Textile Labelling Act, the Precious Metals Marking Act as well as the misleading representations and deceptive marketing practices provisions of the Competition Act.
Responsible for providing legal services to the Commissioner of Competition and for representing the Commissioner on all matters other than those for which the Public Prosecution Service of Canada is responsible.
Responsible for initiating and conducting criminal prosecutions on behalf of the Attorney General of Canada and for advising the Competition Bureau on criminal investigations.
Responsible for input into legislative proposals relating to the Competition Act and other legislation administered and enforced by the Bureau and providing competition policy input into departmental and government-wide legislative and regulatory proposals. LIA is responsible for advancing competition interests in international cooperation, negotiation and policy development fora, and coordinating the Bureau's competition advocacy initiatives.
Responsible for reviewing merger transactions, and taking remedial action where necessary, to protect and promote competitive markets in Canada. The principal test applied by the Bureau is whether a merger or proposed merger is likely to result in a substantial lessening or prevention of competition.
Responsible for providing leadership, support and advice in communicating to the public the Bureau’s contribution to competition in the marketplace. It is also the focal point for interactions between the Bureau and stakeholders, such as Parliament, business and consumer groups.