Good afternoon, Mr. Chair and members of the committee.
Thank you for the invitation to appear before you today.
My name is Brad Callaghan and I'm the associate deputy commissioner of the Competition Bureau's policy, planning and advocacy directorate. I am joined today by my colleagues, Pierre‑Yves Guay, associate deputy commissioner of the cartels directorate; and Anthony Durocher, deputy commissioner of the competition promotion branch.
The bureau is an independent law enforcement agency that protects and promotes competition for the benefit of Canadian consumers and businesses. We administer and enforce Canada's Competition Act, a law of general application that applies to every sector of the economy. We investigate and address abuses of market power, anti-competitive mergers, price fixing and deceptive marketing practices. The bureau also advocates for pro-competitive government rules and regulations.
Evidence-based enforcement is at the heart of what the bureau does and this requires that our actions be based on credible evidence that can withstand judicial scrutiny.
It's important to recognize that we are enforcers, not adjudicators. The Competition Act requires us to meet several thresholds and standards, such as proving that there has been a significant harm to competition. Regardless of if we want to bring a case forward, we are guided by the decisions of the Competition Tribunal and the courts.
I would like to make two short comments in relation to the focus of the committee’s study on foreign ownership and corporate concentration of fishing licences and quota, just to help situate the Competition Bureau within it.
First, on the foreign ownership aspect, it’s important to understand that our analysis is focused on protecting and promoting the intensity of competition overall. The nationality of the companies bringing that competition is not part of our framework. Those considerations would typically fall under other mandates, including the consideration of ISED's investment review division under the Investment Canada Act.
With respect to corporate concentration, the bureau does not regularly evaluate overall levels of concentration or the state of competition in particular markets. In our enforcement work, the bureau looks at specific conduct or allegations on a case-by-case basis. For example, we would examine whether a specific merger between two companies would substantially lessen or prevent competition in a particular market.
Before fielding your questions, I would just note that the law requires us to conduct the bureau's investigations in private and keep the information that we have confidential. That obligation may prevent us from discussing some of our past or current investigations.
I would like to thank the committee for the opportunity to appear today, and we look forward to your questions