Evidence of meeting #9 for Industry, Science and Technology in the 43rd Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was issues.
A recording is available from Parliament.
12:55 p.m.
Commissioner of Competition, Competition Bureau
Those issues are certainly beyond my mandate as commissioner of competition.
12:55 p.m.
Conservative
Earl Dreeshen Conservative Red Deer—Mountain View, AB
Thank you.
I know I'm getting low on time, but I just want to make this one final point.
When we talk about competition, with COVID we've seen small businesses in communities being shut down, and yet box stores have been able to stay open. This is, again, one of those competition situations. I don't know whether or not you have any comments on that.
12:55 p.m.
Commissioner of Competition, Competition Bureau
I think it would be inappropriate for me to comment. These are public health considerations that I don't have the foundation to make an appropriate comment on.
12:55 p.m.
Liberal
The Chair Liberal Sherry Romanado
Thank you very much.
Our last round of questions goes to MP Erskine-Smith.
12:55 p.m.
Liberal
Nathaniel Erskine-Smith Liberal Beaches—East York, ON
Thanks, Madam Chair.
Anthony, you probably recall that, when you attended our privacy committee before, we had a conversation about data portability. It hadn't been in the competition commissioner's early reports, but I know that you have taken data and privacy issues much more seriously now. I think as a consequence of that, we now see it in Bill C-11. I just want to thank your office for that.
When it comes to the Facebook agreement, which I think is also good news, that consent agreement and a $9-million fine with $500,000 also to reimburse the commissioner for costs.... When we look at the States and the fine of $5 billion, even when you adjust for population here in Canada, it would still be significantly more in terms of a fine in the United States than we saw in Canada.
Can you speak to the capacity of the competition commissioner to levy those fines and why it was one-fifth of what we saw when you adjust for population?
12:55 p.m.
Commissioner of Competition, Competition Bureau
Madam Chair, I'll start.
The act has a maximum financial penalty for false or misleading representations, which was the section of the act that we were investigating Facebook for. The maximum is $10 million. As a matter of general course, we'll give a slight discount for parties that co-operate and resolve the case. That's why we ended at $9 million, but the maximum is $10 million.
I should point out that the U.S. financial penalty was, in fact, as you say, $5 billion. There were some differences. There had been a prior consent order in the United States in 2012 involving Facebook, and there were other privacy issues, as the Federal Trade Commission in the United States also has privacy within its remit, but the fact remains that our maximum fine is $10 million.
1 p.m.
Liberal
Nathaniel Erskine-Smith Liberal Beaches—East York, ON
When we look to co-operation with an organization like the FTC or competition commissioners in other countries, can you speak to the agreements that you've entered into, if any, as they relate to enforcing rules against some of these global players?
1 p.m.
Commissioner of Competition, Competition Bureau
Madam Chair, to answer the honourable member's question, I wouldn't say that we have agreements with respect to enforcement. We work together—we collaborate on enforcement and we communicate on enforcement—but there aren't specific agreements, to put it that way.
In our enforcement, co-operation is one of the most important things we do in terms of global cases. We see that in our cartel work where there are international cartels. We prosecuted a series of them for auto parts, bid rigging and price-fixing. We had to co-operate with authorities around the world, as these companies were under investigation around the world. We do that with the FTC, with the United States Department of Justice and with Australia.
It's vital that we do this kind of co-operation.
1 p.m.
Liberal
Nathaniel Erskine-Smith Liberal Beaches—East York, ON
When we look to co-operation with our American allies, I remember when your office hosted, in fact, a conversation with experts on competition concerns in big data and privacy for companies that are involved in big data markets.
I don't know if you've had the opportunity to read “Investigation of Competition in Digital Markets”, a report by our American colleagues in the Subcommittee on Antitrust, Commercial and Administrative Law of the Committee on the Judiciary. It's a big report, 450 pages.
I wonder if your office has started a review of that and would be making recommendations to Canadian parliamentarians about what changes you might like to see along the same lines.
1 p.m.
Commissioner of Competition, Competition Bureau
Yes, Madam Chair, we're certainly familiar with the report from the U.S. House antitrust subcommittee, with representative Mr. Cicilline leading that work, but we are also aware of a lot of bipartisan support in the United States for more antitrust or competition law enforcement and bipartisan support for more resources for their competition agencies in the United States.
As Mr. Erskine-Smith mentioned, it's a significant report, 450 pages, but there's bipartisan support for more enforcement of competition laws in the United States.
1 p.m.
Liberal
Nathaniel Erskine-Smith Liberal Beaches—East York, ON
If you do have a review and can provide that at some point to our committee, it would be appreciated when it comes to recommendations.
My last question is simple, because I'm running out of time.
Does the Competition Bureau support a right to repair, yes or no?
1 p.m.
Commissioner of Competition, Competition Bureau
That's a good question.
Mr. Durocher, can you answer that?
1 p.m.
Deputy Commissioner, Competition Promotion Branch, Competition Bureau
One thing we'd be happy to share with the committee is.... We did make a submission last year to the Quebec government in respect of right to repair issues. We would be pleased to share that with the committee members.
1 p.m.
Liberal
Nathaniel Erskine-Smith Liberal Beaches—East York, ON
The answer there was yes. I appreciate it. Thanks very much.
1 p.m.
Liberal
The Chair Liberal Sherry Romanado
Thank you so much. That is our time today.
I want to thank the witnesses for being here, for a really great panel today and, of course, for the work they're doing. I think it's fair to say that you're punching above your weight, as you mentioned, so thank you so much.
I also want to thank the interpreters for their very hard work, as usual.
1 p.m.
Liberal
The Chair Liberal Sherry Romanado
One moment, Mr. Masse.
I also want to thank the staff of the information technology department.
Yes, Mr. Masse. You have a point of order.
1 p.m.
NDP
Brian Masse NDP Windsor West, ON
I'm sorry to intervene.
I just have two quick things. Could we get a list from the analysts of outstanding questions that we're going to get answers back on? I know the Competition Bureau will get back to us, but there are a few other witnesses who have yet to get back to us. Maybe we could get an inventory of those outstanding answers that we have.
Also, I thank Mr. Dreeshen for mentioning former member Dan McTeague, who is the author of that legislation in the House of Commons and also the committee work here as well. There's a lot to look at there. Dan was the one who pushed this issue so well.
Thank you.
1 p.m.
Liberal
The Chair Liberal Sherry Romanado
While it's not a point of order, I will ask the analysts and the clerk to prepare a list of outstanding questions.
Thank you so much.
With that, the meeting is adjourned. I will see you all next Tuesday.