Our read of NDP-13 is that it mirrors very faithfully the Herfindahl-Hirschman index that is used by the FTC. The difference in this case is an important one, which is that the guidelines in the United States are just that. They are guidelines. They can be refreshed and updated regularly. They were recently put to this level and in this formulation.
We don't have a great deal of time or jurisprudence to evaluate whether they've been effective in the United States context, and we don't have a sense of whether they would be particularly effective in the Canadian context at the moment either.
The big difference is that the United States' approach, while it's the same formulation, is codified in guidelines that can be adjusted, and have been adjusted quite regularly, whereas the proposal here would put it into a statute, which would make it somewhat more difficult to modify over time.