Comments in three recent court decisions raise serious questions about how the law is currently being enforced by the bureau. Read on.
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Nor is the bureau a sector regulator. Some Canadian sectors are very concentrated by government design, the result, for instance, of foreign ownership restrictions. Concentration is not a sign of market failure but rather a government policy choice. Any competition enforcement must take place within that constraint.Article content
The current review of the Competition Act has roots in commissioner Boswell’s concern the bureau has a poor “won-lost” record before the Competition Tribunal, which adjudicates cases. In essence he’s saying the job is too tough, he can’t win, and amendments are needed to make his life easier. Amending the Act because the commissioner has a bad won-lost record or wants his job to be easier is simply wrong. The commissioner’s job is tough and it should be.
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