OVERVIEW OF COMPETITION BUREAU COMPLAINTS
We frequently receive inquiries from prospective clients that want to file Competition Act complaints.
Complaints to the federal Competition Bureau, which is responsible for administering and enforcing the Competition Act, may be filed by telephone, online or by submitting a written brief to the Bureau setting out the complaint and facts relating to the alleged anti-competitive conduct.
In general, many Competition Bureau complaints will be processed through a Bureau intake officer, who decides whether a complaint is likely to have merit under the Competition Act. The Competition Bureau receives thousands of complaints a year so does not and cannot act on every complaint.
As such, it is generally important to carefully prepare a complaint before filing, including arguments as to why conduct allegedly violates the Competition Act (that is, substantive legal arguments) and the relevant facts and likely anti-competitive effects, if applicable.
The Competition Bureau is also divided into several different criminal and civil law branches, which means that it can be important to evaluate which branch should receive the complaint.
It is also common to contact the Competition Bureau before lodging a competition complaint and/or arrange a meeting with Bureau officers to discuss the complaint and provide additional industry, factual and other background.
Based on the volume of complaints the Competition Bureau receives, as well as the importance of setting out substantive and market effects arguments, it can often be important to engage counsel to assist with the preparation and filing of a complaint to maximize the chances that the Bureau will commence an investigation and seek remedies.
Upon receiving a complaint, the Competition Bureau may decide not to act on the complaint, commence an informal investigation or initiate a formal inquiry.
Commencing a formal inquiry, which is an internal Competition Bureau administrative step, gives the Bureau access to certain investigative powers under the Competition Act, including the power to obtain court orders to compel the production of documents, information and the testimony of the personnel of a target or industry participants under oath.
In general, the Competition Bureau conducts inquiries in private, with complainants and targets of an investigation having limited rights to information during the investigative process.
Complainants can, however, provide significant industry information and background about competitive effects to the Competition Bureau. In this respect, complaints should be tailored to provide the maximum informational and market impact information to the Competition Bureau.
After the Competition Bureau commences an investigation, it may discontinue the investigation, seek to negotiate a settlement with the target(s) of an investigation (e.g., under a negotiated consent agreement) or commence formal civil or criminal legal proceedings (e.g., refer the matter to the Public Prosecution Service of Canada (PPSC) for a criminal prosecution or make an application to the federal Competition Tribunal for a remedial or other order, such as the payment of administrative monetary penalties).
COMPETITION ACT INVESTIGATION, ENFORCEMENT
AND REMEDIES RESOURCES
For more information about Canadian competition law investigations, enforcement and remedies, see: Advisory Opinions, Competition Act Litigation, Competition Law Enforcement, Competition Bureau Immunity and Leniency Programs, Market Studies/Inquiries and Whistleblowers.
********************
SERVICES AND CONTACT
We are a Toronto based competition and advertising law firm offering business and individual clients efficient and strategic advice in relation to competition/antitrust, advertising, Internet and new media law and contest law. We also offer competition and regulatory law compliance, education and policy services to companies, trade and professional associations and government agencies.
Our experience includes advising clients in Toronto, across Canada and the United States on the application of Canadian competition and regulatory laws and we have worked on hundreds of domestic and cross-border competition, advertising and marketing, promotional contest (sweepstakes), conspiracy (cartel), abuse of dominance, compliance, refusal to deal and pricing and distribution matters. For more information about our competition and advertising law services see: competition law services.
To contact us about a potential legal matter, see: contact
For more information about our firm, visit our website: Competitionlawyer.ca
Templates/precedents and checklists to run promotional contests in Canada
Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)
