Competition Bureau

This article is about the Canadian agency. For similar agencies in other jurisdictions, seeCompetition regulator.

Competition Bureau Bureau de la concurrence
Jurisdictional structure
Federal agency	Canada
Operations jurisdiction	Canada
Governing body	Innovation, Science and Economic Development Canada
Constituting instrument	Competition Act
General nature	Federal law enforcement
Operational structure
Elected officer responsible	François-Philippe Champagne,Minister of Innovation, Science, and Economic Development
Agency executive	Matthew Boswell, Commissioner of competition
Website
Competition Bureau Homepage

TheCompetition Bureau(French:Bureau de la concurrence) is the independentlaw enforcement agencyin charge ofregulating competitionin Canada, responsible for ensuring that markets operate in a competitive manner.

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.

The Bureau falls within the scope ofInnovation, Science and Economic Development Canada,andits minister.

Commissioner of Competition

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.

Under theCompetition Act,the Commissioner can launch inquiries, challenge civil andmergermatters 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.

Branches and operations

Most branches of the Bureau are headed by a Senior Deputy Commissioner, with directorates that fall under a Deputy Commissioner.

In addition to its main operations, the Competition Bureau also jointly manages theCanadian Anti-Fraud Centre(CAFC), in partnership with theRoyal Canadian Mounted Policeand theOntario Provincial Police.

Under theCompetition Act,the Competition Bureau can also challenge civil andmergermatters before theCompetition Tribunal.

Mergers and Monopolistic Practices

The Competition Bureau has the authority to review anycorporate mergerin Canada.

This role falls under the Bureau's Mergers and Monopolistic Practices Branch, headed by a Senior Deputy Commissioner.

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‑competitiveagreements or arrangements between competitors. "

Cartels and Deceptive Marketing Practices

Under theCompetition Act,it is a criminal offence to engage in anillegal agreement(such asprice fixing,market allocation,bid-rigging),cartel,or conspiracy.Under the Act, it is also against the law to falsely or misleadingly advertise or market something.

The Bureau's Cartels and Deceptive Marketing Practices Branch is responsible for fighting such practices.

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.

The branch's Deceptive Marketing Practices Directorate is in charge of detecting, investigating, and deterring false or misleading representations anddeceptive marketingpractices 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.

Competition Promotion

One of the Bureau's responsibilities is to help foster a "competitiveandinnovative"marketplace.

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.

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.

• 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

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".

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."

Corporate Services

The Bureau also has a Corporate Services Branch, headed by an Executive Director, which providessupport servicesto 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.

This branch also handles legal-related services under:

• the Competition Bureau Legal Services office of theDepartment of Justice,who provides legal services to the Commissioner and represents the Commissioner "on all matters other than those for which thePublic 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 theAttorney General of Canadaand for advising the bureau on criminal investigations. "

See also

• Canadian Anti-Fraud Centre
• Competition Tribunal

External links

• Competition Bureau website