Competition Bureau: Difference between revisions
Content deleted Content added
m v1.43b - WP:WCW project (Unicode control characters) |
m →Corporate Services: Typo fixing, fixed "is is" |
||
| (44 intermediate revisions by 35 users not shown) | |||
| Line 1: | Line 1: | ||
{{ |
{{short description|Canadian government agency}} |
||
{{about|the Canadian agency|similar agencies in other jurisdictions|Competition regulator}} |
|||
|agencyname = Competition Bureau |
|||
{{Infobox law enforcement agency |
|||
|nativename = <small>Bureau de la concurrence</small> |
|||
| agencyname = Competition Bureau |
|||
|commonname = |
|||
| nativename = <small>Bureau de la concurrence</small> |
|||
|abbreviation = |
|||
| commonname = |
|||
|logo = CB banner.gif |
|||
| abbreviation = |
|||
|logocaption = |
|||
| |
| logo = Competition Bureau logo.svg |
||
| image_size = 220px |
|||
|badgecaption = |
|||
| logocaption = |
|||
|flag = |
|||
| badge = Competition bureau badge.jpg |
|||
|flagcaption = |
|||
| badgecaption = |
|||
|motto = |
|||
| flag = |
|||
|mottotranslated = |
|||
| flagcaption = |
|||
|mission = |
|||
| motto = |
|||
|formed = |
|||
| mottotranslated = |
|||
|preceding1 = |
|||
| mission = |
|||
|preceding2 = |
|||
| formed = |
|||
|preceding3 = |
|||
| preceding1 = |
|||
|employees = |
|||
| preceding2 = |
|||
|volunteers = |
|||
| preceding3 = |
|||
|budget = |
|||
| employees = |
|||
|country = Canada |
|||
| volunteers = |
|||
|federal = footnote |
|||
| budget = |
|||
|map = |
|||
| country = Canada |
|||
|mapcaption = |
|||
| federal = footnote |
|||
|sizearea = |
|||
| map = |
|||
|sizepopulation = |
|||
| mapcaption = |
|||
|legaljuris = |
|||
| sizearea = |
|||
|governingbody = Innovation, Science and Economic Development Canada |
|||
| sizepopulation = |
|||
|governingbodyscnd = |
|||
| legaljuris = |
|||
|constitution1 = [http://laws.justice.gc.ca/eng/acts/C-34/index.html Competition Act] |
|||
| governingbody = Innovation, Science and Economic Development Canada |
|||
|constitution2 = various Provincial Police Acts |
|||
| governingbodyscnd = |
|||
|police = |
|||
| constitution1 = [http://laws.justice.gc.ca/eng/acts/C-34/index.html Competition Act] |
|||
|local = |
|||
| constitution2 = |
|||
|overviewtype = |
|||
| police = |
|||
|overviewbody = |
|||
| local = |
|||
|headquarters = |
|||
| overviewtype = |
|||
|hqlocmap = |
|||
| overviewbody = |
|||
|hqlocleft = |
|||
| headquarters = |
|||
|hqloctop = |
|||
| hqlocmap = |
|||
|hqlocmappoptitle = |
|||
| hqlocleft = |
|||
|sworntype = |
|||
| hqloctop = |
|||
|sworn = |
|||
| hqlocmappoptitle = |
|||
|unsworntype = |
|||
| sworntype = |
|||
|unsworn = |
|||
| sworn = |
|||
|electeetype = |
|||
| unsworntype = |
|||
|minister1name = [[Navdeep Bains]] |
|||
| unsworn = |
|||
|minister1pfo = [[Minister of Innovation, Science, and Economic Development]] |
|||
| electeetype = |
|||
|chief1name = John Pecman |
|||
| minister1name = [[François-Philippe Champagne]] |
|||
|chief1position = Commissioner of Competition |
|||
| minister1pfo = [[Minister of Innovation, Science, and Economic Development]] |
|||
|parentagency = |
|||
| chief1name = Matthew Boswell |
|||
|child1agency = |
|||
| chief1position = Commissioner of competition |
|||
|unittype = |
|||
| parentagency = |
|||
|unitname = |
|||
| child1agency = |
|||
|officetype = |
|||
| unittype = |
|||
|officename = |
|||
| unitname = |
|||
|stationtype = |
|||
| officetype = |
|||
|stations = |
|||
| officename = |
|||
|lockuptype = |
|||
| stationtype = |
|||
|lockups = |
|||
| stations = |
|||
|vehicle1type = |
|||
| lockuptype = |
|||
|vehicles1 = |
|||
| lockups = |
|||
|boat1type = |
|||
| vehicle1type = |
|||
|boats1 = |
|||
| vehicles1 = |
|||
|aircraft1type = |
|||
| boat1type = |
|||
|aircraft1 = |
|||
| boats1 = |
|||
|aircraft2type = |
|||
| aircraft1type = |
|||
|aircraft2 = |
|||
| aircraft1 = |
|||
|animal1type = |
|||
| aircraft2type = |
|||
|animals1 = |
|||
| aircraft2 = |
|||
|person1name = |
|||
| animal1type = |
|||
|person1reason = |
|||
| animals1 = |
|||
|person1type = |
|||
| person1name = |
|||
|programme1 = |
|||
| person1reason = |
|||
|activity1name = |
|||
| person1type = |
|||
|activity2name = |
|||
| programme1 = |
|||
|activitytype = |
|||
| activity1name = |
|||
|anniversary1 = |
|||
| activity2name = |
|||
|award1 = |
|||
| activitytype = |
|||
|award2 = |
|||
| anniversary1 = |
|||
|website = [http://www.competitionbureau.gc.ca/ Competition Bureau Homepage] |
|||
| award1 = |
|||
|footnotes = |
|||
| award2 = |
|||
| website = [http://www.competitionbureau.gc.ca/ Competition Bureau Homepage] |
|||
| footnotes = |
|||
}} |
}} |
||
The '''Competition Bureau''' ({{lang-fr|Bureau de la concurrence}}) is |
The '''Competition Bureau''' ({{lang-fr|Bureau de la concurrence}}) is the independent [[law enforcement agency]] in charge of [[competition regulator|regulating competition]] in Canada, responsible for ensuring that markets operate in a competitive manner.<ref>[http://www.competitionbureau.gc.ca/eic/site/cb-bc.nsf/eng/h_00125.html Competition Bureau - Our Organization]</ref> |
||
Headed by the Commissioner of Competition, the |
Headed by the '''Commissioner of Competition''', the agency is responsible for the administration and enforcement of the ''[[Competition Act]]'', as well as the ''[[Consumer Packaging and Labeling Act|Consumer Packaging and Labelling Act]]'' (except as it relates to food), ''[[Textile Labelling Act (Canada)|Textile Labelling Act]]'', and the ''[[Precious Metals Marking Act]]''.<ref>{{Cite web |last=Government of Canada |first=Innovation |date=2020-02-24 |title=Our mandate |url=https://ised-isde.canada.ca/site/competition-bureau-canada/en/how-we-foster-competition/our-organization/our-mandate |access-date=2023-04-09 |website=ised-isde.canada.ca}}</ref> |
||
The Bureau falls within the scope of [[Innovation, Science and Economic Development Canada]], and [[Minister of Innovation, Science and Industry|its minister]]. |
|||
==Commissioner== |
|||
== Commissioner of Competition == |
|||
The current Commissioner of Competition is John Pecman. He served as Senior Deputy Commissioner of Competition, Criminal Matters, before being appointed to his current position. |
|||
The Competition Bureau is headed by the '''Commissioner 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.<ref>{{Cite web |last=Government of Canada |first=Innovation |date=2013-06-14 |title=Commissioner of Competition |url=https://ised-isde.canada.ca/site/competition-bureau-canada/en/how-we-foster-competition/our-organization/commissioner-competition |access-date=2023-04-09 |website=ised-isde.canada.ca}}</ref> |
|||
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 [[Public Prosecution Service of Canada]], and intervene as a competition advocate before federal and provincial bodies. |
Under the ''Competition Act'', the Commissioner can launch inquiries, challenge civil and [[Mergers and acquisitions|merger]] matters before the [[Competition Tribunal]], make recommendations on criminal matters to the [[Public Prosecution Service of Canada]], and intervene as a competition advocate before federal and provincial bodies. |
||
As head of the |
As head of the Competition Bureau, the Commissioner leads the Bureau's participation in international forums such as the [[Organisation for Economic Co-operation and Development]] (OECD) and the [[International Competition Network]] (ICN), to develop and promote coordinated competition laws and policies in an increasingly globalized marketplace. |
||
==Branches and operations== |
|||
==Organization<ref>http://www.competitionbureau.gc.ca/eic/site/cb-bc.nsf/eng/h_02866.html</ref>== |
|||
Most branches of the Bureau are headed by a Senior Deputy Commissioner, with directorates that fall under a Deputy Commissioner.<ref name=":0">{{Cite web |last=Government of Canada |first=Innovation |date=2005-04-03 |title=Our structure |url=https://ised-isde.canada.ca/site/competition-bureau-canada/en/how-we-foster-competition/our-organization/our-structure |access-date=2023-04-09 |website=ised-isde.canada.ca}}</ref> |
|||
* '''John Pecman''' — Commissioner of Competition |
|||
** '''Jeanne Pratt'''— Senior Deputy Commissioner, Mergers and Monopolistic Practices Branch |
|||
** '''Matthew Boswell''' — Senior Deputy Commissioner, Cartels and Deceptive Marketing Practices Branch |
|||
** '''Vicky Eatrides''' — Deputy Commissioner, Competition Promotion Branch |
|||
** '''Ana Maia''' — Executive Director, Corporate Services Branch |
|||
In addition to its main operations, the Competition Bureau also jointly manages the [[Canadian Anti-Fraud Centre]] (CAFC), in partnership with the [[Royal Canadian Mounted Police]] and the [[Ontario Provincial Police]].<ref>{{Cite web |last=Government of Canada |first=Royal Canadian Mounted Police |date=2020-01-31 |title=About the Canadian Anti-fraud Centre |url=https://www.antifraudcentre-centreantifraude.ca/about-ausujet/index-eng.htm |access-date=2023-04-09 |website=www.antifraudcentre-centreantifraude.ca}}</ref> |
|||
==Branches== |
|||
Under the ''[[Competition Act]]'', the Competition Bureau can also challenge civil and [[Mergers and acquisitions|merger]] matters before the [[Competition Tribunal]]. |
|||
===Civil Matters Branch=== |
|||
===Mergers and Monopolistic Practices=== |
|||
The Civil Matters Branch is 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 of concern can also extend to certain types of anti-competitive agreements or arrangements of a non-criminal nature. |
|||
The Competition Bureau has the authority to review any [[Mergers and acquisitions|corporate merger]] in Canada.<ref>{{Cite web |last=Government of Canada |first=Innovation |date=2020-01-01 |title=Mergers and acquisitions |url=https://ised-isde.canada.ca/site/competition-bureau-canada/en/mergers-and-acquisitions |access-date=2023-04-09 |website=ised-isde.canada.ca}}</ref><ref name=":0" /> |
|||
This role falls under the Bureau's Mergers and Monopolistic Practices Branch, headed by a Senior Deputy Commissioner.<ref name=":0" /><ref>{{Cite web |title=Organization Chart - Competition Bureau |url=http://www.competitionbureau.gc.ca/eic/site/cb-bc.nsf/eng/h_02866.html |url-status=dead |archive-url=https://web.archive.org/web/20140717102630/http://www.competitionbureau.gc.ca/eic/site/cb-bc.nsf/eng/h_02866.html |archive-date=2014-07-17 |access-date=2014-04-22}}</ref> |
|||
===Compliance and Operations Branch=== |
|||
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 of [[Anti-competitive practices|anti‑competitive]] agreements or arrangements between competitors."<ref name=":0" /> |
|||
The Compliance and Operations Branch oversees the Bureau’s electronic evidence and conversion unit. It manages the Bureau’s Information Centre (1-800-line), as well as Bureau-wide planning, resource management, administration and informatics activities. The Branch also ensures that employees and managers have the necessary tools to conduct their work. |
|||
===Cartels and Deceptive Marketing Practices=== |
|||
===Criminal Matters Branch=== |
|||
Under the ''[[Competition Act]]'', it is a criminal offence to engage in an [[illegal agreement]] (such as [[price fixing]], [[Market allocation scheme|market allocation]], [[Bid rigging|bid-rigging]]), [[cartel]], or conspiracy.<ref>{{Cite web |last=Government of Canada |first=Innovation |date=2017-07-19 |title=Bid-rigging, price-fixing and other agreements between competitors — Common types of illegal agreements that hinder competition |url=https://ised-isde.canada.ca/site/competition-bureau-canada/en/bid-rigging-price-fixing-and-other-agreements-between-competitors/bid-rigging-price-fixing-and-other-agreements-between-competitors-common-types-illegal-agreements |access-date=2023-04-09 |website=ised-isde.canada.ca}}</ref> Under the Act, it is also against the law to falsely or misleadingly advertise or market something.<ref>{{Cite web |last=Government of Canada |first=Innovation |date=2020-01-01 |title=Deceptive marketing practices |url=https://ised-isde.canada.ca/site/competition-bureau-canada/en/deceptive-marketing-practices |access-date=2023-04-09 |website=ised-isde.canada.ca}}</ref> |
|||
The Bureau's Cartels and Deceptive Marketing Practices Branch is responsible for fighting such practices.<ref name=":0" /> |
|||
The Criminal Matters Branch is responsible for detecting, investigating, and deterring hard core [[cartels]], including [[Conspiracy (civil)|conspiracies]], agreements or arrangements among competitors and potential competitors to [[fix prices]], allocate markets or restrict supply, and [[bid-rigging]]. The Branch also actively reaches out to stakeholders engaged in procurement to enable them to detect and deter bid-rigging and other cartel activities. |
|||
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.<ref name=":0" /> |
|||
===Economic Policy and Enforcement Branch=== |
|||
The branch's Deceptive Marketing Practices Directorate is in charge of detecting, investigating, and deterring false or misleading representations and [[deceptive marketing]] practices identified under the ''Competition Act''. The directorate also enforces related legislation, i.e. the ''[[Consumer Packaging and Labeling Act|Consumer Packaging and Labelling Act]]'' (except in relation to food), the ''Precious Metals Marking Act'', and the ''Textile Labelling Act''.<ref name=":0" /> |
|||
The Economic Policy and Enforcement Branch provides economic advice and analysis in support of the Bureau’s enforcement investigations. |
|||
===Competition Promotion=== |
|||
===Fair Business Practices Branch=== |
|||
One of the Bureau's responsibilities is to help foster a "[[Competition (economics)|competitive]] and [[Innovation economics|innovative]]" marketplace.<ref>{{Cite web |last=Government of Canada |first=Innovation |date=2020-01-01 |title=How we foster competition |url=https://ised-isde.canada.ca/site/competition-bureau-canada/en/how-we-foster-competition |access-date=2023-04-09 |website=ised-isde.canada.ca}}</ref> |
|||
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.<ref name=":0" /> |
|||
The Fair Business Practices Branch administers and enforces the provisions of the ''[[Competition Act]]'' on false or misleading representations and deceptive marketing practices. The Branch also enforces the ''Consumer Packaging and Labelling Act'' (except as it relates to food), the ''Precious Metals Marking Act'' and the ''Textile Labelling Act''. |
|||
Also within this branch is the International Affairs Directorate, which establishes working relationships with foreign competition law agencies and tribunals. |
|||
===Legal Support=== |
|||
The branch is divided into several subdivisions.<ref name=":0" /> |
|||
====Competition Bureau Legal Services (DOJ)==== |
|||
* The Compliance Unit, headed by the Director of Compliance, is in charge of promoting compliance with the 4 relevant acts under the Competition Bureau's purview. It does this by evaluating corporate compliance programs, promoting compliance in the market, and sharing resources with "domestic and international enforcers and regulators." |
|||
The Competition Bureau Legal Services of the Department of Justice is responsible for providing legal services to the Commissioner and for representing the Commissioner on all matters other than those for which the Public Prosecution Service of Canada is responsible. |
|||
* The Economic Analysis Directorate, headed by an Associate Deputy Commissioner, is in charge of providing "economic analysis and advice to support the Bureau’s enforcement investigations." |
|||
* The International Affairs Directorate, headed by an Associate Deputy Commissioner, is responsible for fostering "strong relationships with key international partners to advance and reinforce the Bureau’s enforcement priorities and coordinates international efforts to promote competitive markets and effective competition law enforcement." |
|||
* The Policy, Planning and Advocacy Directorate, headed by an Associate Deputy Commissioner, is tasked with providing "input into departmental and government-wide policy initiatives," and leading the Bureau’s Parliamentary relations, "as well as its integrated planning, monitoring and reporting exercises." |
|||
* The Public Affairs and Outreach Directorate is in charge of communicating "the Bureau’s activities and priorities to Canadians," as well as supporting and coordinating "the Bureau’s outreach activities to consumers, businesses and stakeholders." |
|||
=== Digital Enforcement and Intelligence === |
|||
====Competition Law Section (PPSC)==== |
|||
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".<ref name=":0" /> |
|||
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."<ref name=":0" /> |
|||
The Competition Law Section of the Public Prosecution Service of Canada is responsible for initiating and conducting criminal prosecutions on behalf of the [[Attorney General of Canada]] and for advising the Bureau on criminal investigations. |
|||
===Corporate Services=== |
|||
===Legislative and International Affairs Branch=== |
|||
The Bureau also has a Corporate Services Branch, headed by an Executive Director, which provides [[Corporate services|support 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 to [[Access to Information Act|access to information]], privacy, values and ethics, security, and procurement.<ref name=":0" /> |
|||
The Legislative and International Affairs Branch advances fair and efficient competition principles by providing input through legislative, regulatory and policy development processes. Through the negotiation of trade and cooperation instruments, and active leadership in international competition fora, the Branch fosters strong relationships with key partners, advances and reinforces the Bureau’s enforcement priorities, and co-ordinates international efforts to promote competitive markets and [[effective competition]] law enforcement. |
|||
This branch also handles legal-related services under:<ref name=":0" /> |
|||
===Mergers Branch=== |
|||
The Mergers Branch reviews [[merger]] transactions to assess whether mergers are likely to substantially prevent or lessen competition in the marketplace. |
|||
===Public Affairs Branch=== |
|||
The Public Affairs Branch is responsible for the Bureau’s communications. It ensures that Canadian consumers, businesses, parliamentarians and the international community are aware of the Bureau’s contributions to competition in the marketplace and to the growth of the Canadian economy. |
|||
* the Competition Bureau Legal Services office of the [[Department of Justice (Canada)|Department of Justice]], who provides legal services to the Commissioner and represents the Commissioner "on all matters other than those for which the [[Public Prosecution Service of Canada]] (PPSC) is responsible." |
|||
* the Competition Law Section of PPSC, who is "responsible for initiating and conducting criminal prosecutions on behalf of the [[Attorney General of Canada]] and for advising the bureau on criminal investigations." |
|||
==See also== |
==See also== |
||
* [[Canadian Anti-Fraud Centre]] |
* [[Canadian Anti-Fraud Centre]] |
||
* [[Competition Tribunal]] |
|||
==References== |
==References== |
||
| Line 158: | Line 163: | ||
{{Law enforcement agencies in Canada}} |
{{Law enforcement agencies in Canada}} |
||
{{Consumer protection}} |
|||
[[Category:Canadian federal departments and agencies]] |
|||
{{authority control}} |
|||
[[Category:Federal departments and agencies of Canada]] |
|||
[[Category:Innovation, Science and Economic Development Canada]] |
[[Category:Innovation, Science and Economic Development Canada]] |
||
[[Category:Competition regulators]] |
[[Category:Competition regulators]] |
||
[[Category:Federal law enforcement agencies of Canada]] |
[[Category:Federal law enforcement agencies of Canada]] |
||
[[Category:Consumer organizations in Canada]] |
[[Category:Consumer organizations in Canada]] |
||
[[Category:Regulation in Canada]] |
|||
Latest revision as of 15:00, 10 September 2023
| Competition Bureau Bureau de la concurrence | |
|---|---|
 | |
 | |
| 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 |
|
| Website | |
| Competition Bureau Homepage | |
The Competition Bureau (French: Bureau de la concurrence) is the independent law enforcement agency in charge of regulating competition in Canada, responsible for ensuring that markets operate in a competitive manner.[1]
Headed by the Commissioner of Competition, the agency is responsible for the administration and enforcement of the Competition Act, as well as the Consumer Packaging and Labelling Act (except as it relates to food), Textile Labelling Act, and the Precious Metals Marking Act.[2]
The Bureau falls within the scope of Innovation, Science and Economic Development Canada, and its minister.
Commissioner of Competition[edit]
The Competition Bureau is headed by the Commissioner 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 the Competition Act, the Commissioner can launch inquiries, challenge civil and merger matters before the Competition Tribunal, make recommendations on criminal matters to the Public 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 the Organisation for Economic Co-operation and Development (OECD) and the International Competition Network (ICN), to develop and promote coordinated competition laws and policies in an increasingly globalized marketplace.
Branches and operations[edit]
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 the Canadian Anti-Fraud Centre (CAFC), in partnership with the Royal Canadian Mounted Police and the Ontario Provincial Police.[5]
Under the Competition Act, the Competition Bureau can also challenge civil and merger matters before the Competition Tribunal.
Mergers and Monopolistic Practices[edit]
The Competition Bureau has the authority to review any corporate 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 of anti‑competitive agreements or arrangements between competitors."[4]
Cartels and Deceptive Marketing Practices[edit]
Under the Competition Act, it is a criminal offence to engage in an illegal agreement (such as price 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 and deceptive marketing practices identified under the Competition Act. The directorate also enforces related legislation, i.e. the Consumer Packaging and Labelling Act (except in relation to food), the Precious Metals Marking Act, and the Textile Labelling Act.[4]
Competition Promotion[edit]
One of the Bureau's responsibilities is to help foster a "competitive and innovative" 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 Compliance Unit, headed by the Director of Compliance, is in charge of promoting compliance with the 4 relevant acts under the Competition Bureau's purview. It does this by evaluating corporate compliance programs, promoting compliance in the market, and sharing resources with "domestic and international enforcers and regulators."
- The Economic Analysis Directorate, headed by an Associate Deputy Commissioner, is in charge of providing "economic analysis and advice to support the Bureau’s enforcement investigations."
- The International Affairs Directorate, headed by an Associate Deputy Commissioner, is responsible for fostering "strong relationships with key international partners to advance and reinforce the Bureau’s enforcement priorities and coordinates international efforts to promote competitive markets and effective competition law enforcement."
- The Policy, Planning and Advocacy Directorate, headed by an Associate Deputy Commissioner, is tasked with providing "input into departmental and government-wide policy initiatives," and leading the Bureau’s Parliamentary relations, "as well as its integrated planning, monitoring and reporting exercises."
- The Public Affairs and Outreach Directorate is in charge of communicating "the Bureau’s activities and priorities to Canadians," as well as supporting and coordinating "the Bureau’s outreach activities to consumers, businesses and stakeholders."
Digital Enforcement and Intelligence[edit]
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]
Corporate Services[edit]
The Bureau also has a Corporate Services Branch, headed by an Executive Director, which provides support 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 to access to information, privacy, values and ethics, security, and procurement.[4]
This branch also handles legal-related services under:[4]
- the Competition Bureau Legal Services office of the Department of Justice, who provides legal services to the Commissioner and represents the Commissioner "on all matters other than those for which the Public Prosecution Service of Canada (PPSC) is responsible."
- the Competition Law Section of PPSC, who is "responsible for initiating and conducting criminal prosecutions on behalf of the Attorney General of Canada and for advising the bureau on criminal investigations."
See also[edit]
References[edit]
- ^ Competition Bureau - Our Organization
- ^ Government of Canada, Innovation (2020-02-24). "Our mandate". ised-isde.canada.ca. Retrieved 2023-04-09.
- ^ Government of Canada, Innovation (2013-06-14). "Commissioner of Competition". ised-isde.canada.ca. Retrieved 2023-04-09.
- ^ a b c d e f g h i j k l m Government of Canada, Innovation (2005-04-03). "Our structure". ised-isde.canada.ca. Retrieved 2023-04-09.
- ^ Government of Canada, Royal Canadian Mounted Police (2020-01-31). "About the Canadian Anti-fraud Centre". www.antifraudcentre-centreantifraude.ca. Retrieved 2023-04-09.
- ^ Government of Canada, Innovation (2020-01-01). "Mergers and acquisitions". ised-isde.canada.ca. Retrieved 2023-04-09.
- ^ "Organization Chart - Competition Bureau". Archived from the original on 2014-07-17. Retrieved 2014-04-22.
- ^ Government of Canada, Innovation (2017-07-19). "Bid-rigging, price-fixing and other agreements between competitors — Common types of illegal agreements that hinder competition". ised-isde.canada.ca. Retrieved 2023-04-09.
- ^ Government of Canada, Innovation (2020-01-01). "Deceptive marketing practices". ised-isde.canada.ca. Retrieved 2023-04-09.
- ^ Government of Canada, Innovation (2020-01-01). "How we foster competition". ised-isde.canada.ca. Retrieved 2023-04-09.
