My understanding would be that the abuse of dominance provision relates to specific activities delineated in section 78, which is anticompetitive activities, whereas the idea as it relates to M and A would be.... We're concerned about—in some cases, like the Shaw-Rogers deal potentially—hyperconcentration of a particular sector. It may not be that they engage in anticompetitive activities, so it wouldn't engage abuse of dominance, but it may well be that it substantially lessened competition all the same.
I take your point on business certainty. One year seems strict, though. My understanding is that it used to be three years.
Do you see the penalties as particularly stringent enough in the act to date? I've heard some say it's the cost of doing business, that we should be looking at disgorgement as a key consideration, and that AMPs should be effectively equating the penalty with the benefit and properly extracted.
What do you think about disgorgement as a focus, as opposed to quite modest, administrative monetary penalties?