I note that the FTC also says that mere communication can amount to an agreement in certain circumstances.
I would also note a limitation, in my read of section 90.1. While it could, in theory, apply where an agreement must be “existing or proposed”, in this case it would have been a past agreement, so even there there is a limitation that we might well want to address.
The past commissioner, your predecessor, Commissioner Pecman, recommended expanding the act's purpose beyond protecting consumers to include the fair treatment of labour. You referenced the 2009 change that we could potentially reverse. Do you think our laws ought to be consistent with those of the United States?