Under section 124.1 of the Competition Act, any person may apply to the Commissioner of Competition (the “Commissioner”), together with supporting information, for a binding written opinion regarding the application of any provision of the Act. Written opinions can be a practical way to reduce potential competition law liability.
A written opinion is binding on the Commissioner if all material facts relating to the proposed conduct have been submitted. If issued, written opinions remain binding for as long as the material facts on which they are based remain substantially unchanged and the conduct is carried out substantially as proposed.
Binding written opinions are available, subject to the Commissioner’s discretion to issue them, for proposed conduct only. In other words, the Bureau will not issue advisory opinions for existing business conduct. Written opinions are available under the following provisions of the Act, among others:
Resale price maintenance (section 76)
Exclusive dealing, tied selling or market restriction (section 77)
Abuse of dominant position (section 79)
The new civil agreements provision (section 90.1)
Criminal conspiracy (section 45)
Misleading representations and deceptive marketing practices (sections 52 to 55.1 and 74.01 to 74.06)
Deceptive telemarketing (section 52.1)
Deceptive prize notices (section 53)
Multi-level marketing and pyramid selling (sections 55 and 55.1)
Performance claims (subparagraph 74.01(1)(b))
Promotional contests (section 74.06)
COMPETITION/ANTITRUST LAW & ECONOMIC TERMS
For competition/antitrust definitions and terms see:
ADVISORY OPINION LINKS & RESOURCES
Competition Act
Competition Bureau
Bulletins
Competition Bureau Fee and Service Standards Handbook for Written Opinions
Fee and Service Standards Handbook
Competition Bureau Fees and Service Standards Handbook for Mergers and Merger-Related Matters
Competition Bureau Fee and Service Standards Policy
____________________
We provide federal competition and foreign investment law services to clients across Canada and internationally.
OUR BOOKS
The Competition Law Guide for Trade Associations in Canada is a practical and concise summary of Canadian competition law as it applies to trade, professional and other associations.
OUR COURSES
Competition Law and REALTORS®: What You Say and Do Matters was designed by ACRE with the assistance of CREA to help Canadian REALTORS® understand and comply with Canadian competition law.
This course is available
to members of Canadian
real estate boards.
For more information see ACRE