| Competition Bureau Bureau de la concurrence | |
|---|---|
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| Jurisdictional structure | |
| Federal agency | Canada |
| Operations jurisdiction | Canada |
| Governing body | Innovation, Science and Economic Development Canada |
| Constituting instrument | |
| General nature | |
| Operational structure | |
| Elected officer responsible | |
| Agency executive |
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| Website | |
| Competition Bureau Homepage | |
TheCompetition Bureau (French:Bureau de la concurrence) is the independentlaw enforcement agency in charge ofregulating competition in Canada, responsible for ensuring that markets operate in a competitive manner.[1]
Headed by theCommissioner of Competition, the agency is responsible for the administration and enforcement of theCompetition Act, as well as theConsumer Packaging and Labelling Act (except as it relates to food),Textile Labelling Act, and thePrecious Metals Marking Act.[2]
The Bureau falls within the scope ofInnovation, Science and Economic Development Canada, andits minister.
The Competition Bureau is headed by theCommissioner of Competition.
The current Commissioner of Competition is Matthew Boswell, who was appointed on March 5, 2019, for a five-year term. Boswell previously served as Senior Deputy Commissioner of Competition before being appointed to his current position.[3]
Under theCompetition Act, the Commissioner can launch inquiries, challenge civil andmerger matters before theCompetition Tribunal, make recommendations on criminal matters to thePublic Prosecution Service of Canada, and intervene as a competition advocate before federal and provincial bodies.
As head of the Competition Bureau, the Commissioner leads the Bureau's participation in international forums such as theOrganisation for Economic Co-operation and Development (OECD) and theInternational Competition Network (ICN), to develop and promote coordinated competition laws and policies in an increasingly globalized marketplace.
Most branches of the Bureau are headed by a Senior Deputy Commissioner, with directorates that fall under a Deputy Commissioner.[4]
In addition to its main operations, the Competition Bureau also jointly manages theCanadian Anti-Fraud Centre (CAFC), in partnership with theRoyal Canadian Mounted Police and theOntario Provincial Police.[5]
Under theCompetition Act, the Competition Bureau can also challenge civil andmerger matters before theCompetition Tribunal.
The Competition Bureau has the authority to review anycorporate merger in Canada.[6][4]
This role falls under the Bureau's Mergers and Monopolistic Practices Branch, headed by a Senior Deputy Commissioner.[4][7]
The Mergers and Monopolistic Practices Branch reviews proposed merger transactions and investigates practices that could negatively impact competition. The branch's Mergers Directorate reviews proposed mergers in order to determine whether it is likely to result in a substantial lessening or prevention of competition in the Canadian marketplace. The Monopolistic Practices Directorate, on the other hand, detects, investigates, and deters business practices that "have a negative impact on competition, such as abuse of dominance, as well as certain types ofanti‑competitive agreements or arrangements between competitors."[4]
Under theCompetition Act, it is a criminal offence to engage in anillegal agreement (such asprice fixing,market allocation,bid-rigging),cartel, or conspiracy.[8] Under the Act, it is also against the law to falsely or misleadingly advertise or market something.[9]
The Bureau's Cartels and Deceptive Marketing Practices Branch is responsible for fighting such practices.[4]
The branch's Cartels Directorate is in charge of detecting, investigating, and deterring significant cartels—including conspiracies, agreements, or arrangements among competitors and potential competitors to fix prices, rig bids, allocate markets, or restrict supply.[4]
The branch's Deceptive Marketing Practices Directorate is in charge of detecting, investigating, and deterring false or misleading representations anddeceptive marketing practices identified under theCompetition Act. The directorate also enforces related legislation, i.e. theConsumer Packaging and Labelling Act (except in relation to food), thePrecious Metals Marking Act, and theTextile Labelling Act.[4]
One of the Bureau's responsibilities is to help foster a "competitive andinnovative" marketplace.[10]
This role falls under the Competition Promotion Branch, which is headed by a Deputy Commissioner, tasked with "encouraging the adoption of pro-competition positions, policies, and behaviours by businesses, consumers, regulators, government and international partners." The branch also leads the Bureau's planning and reporting processes.[4]
Also within this branch is the International Affairs Directorate, which establishes working relationships with foreign competition law agencies and tribunals.
The branch is divided into several subdivisions.[4]
The Digital Enforcement and Intelligence Branch provides "expertise on digital business practices and technologies," as well as "intelligence expertise for all directorates at the Competition Bureau." The branch oversees "Competition through Analytics, Research and Intelligence", or "CANARI".[4]
The branch's Intelligence Directorate "provides intelligence expertise to the Bureau’s enforcement and promotion directorates, as well as expertise relating to behavioural economics and remedies." Also under this branch is the Digital Enforcement Directorate, which is provides "expertise on how companies use technology and data in the marketplace, and how the Bureau can use technology and data to enhance our enforcement and promotion work."[4]
The Bureau also has a Corporate Services Branch, headed by an Executive Director, which providessupport services to the Bureau. These services include support for the agency's financial, asset, information management, and human resource activities, as well as matters related toaccess to information, privacy, values and ethics, security, and procurement.[4]
This branch also handles legal-related services under:[4]
