Thank you, Mr. Chair.
Thank for the invitation to appear before the committee.
I will say a few words about my background, and make a few more general statements about today's topic. I believe the rest will come during the discussion.
I am a professor of law and innovation and assistant dean of program development and quality at the Université de Montréal. More broadly, I am basically a specialist in competition law and economic regulation, or all the laws that ensure that markets produce the expected results.
My most recent research focused on the interaction between law and innovation. I am not very well known yet in Canada because I built my career in Europe. I spent 25 years in Europe, mostly in the Netherlands. I also worked in the United States and Asia. I have been back in Canada for five years.
I will focus my comments on competition law and economic regulation, among the many themes on the agenda for your committee. Since we are focusing today on the SME approach or perspective, I will try to put that at the centre of my comments, while distinguishing between traditional SMEs and emerging SMEs.
Traditional SMEs are businesses that are usually a bit bigger than start‑up businesses. Their goal is to last over time, to keep their place in the market and to grow. A start‑up business is usually a small SME that is seeking fairly rapid growth to reach a level that often allows it to be acquired by a much larger business. I will therefore distinguish between these two cases.
Traditional SMEs are businesses that usually do not exist in a vacuum. It must be understood that they are part of a fabric or ecosystem made up of other businesses, often SMEs, that offer it related services or that are suppliers or clients.
As my colleagues have already noted, the current problem is related to the labour shortage referred to in the documents and, more broadly, to the entire difficult economic context in which we find ourselves. All this makes life difficult for SMEs and has a domino effect on the entire SME fabric and ecosystem. As a result, that pushes SMEs to turn to larger partners for their activities. These are often platforms that will typically offer cloud computing services, platforms for product distribution and so forth. This obviously creates a problem for SMEs, as my colleagues said a few minutes ago, because it creates flagrant inequality between small business based in Canada and platforms that are global in scope and are often based in the United States.
My colleagues referred to problems that arise and that may be due to the fact that the platform controls the SMEs' data, creating dependency and preventing SMEs from going elsewhere. This often makes life difficult, as it does not allow them to truly know what is happening in their own operations.
One phenomenon that we often see with innovative SMEs is the confiscation of innovations by the platform. This is particularly associated with, but not limited to, Amazon. Amazon is well known for using information on its electronic sales platform to see what works and what does not work as well. One or two months after the arrival of a product that works well, it will become an Amazon Basics product, which will be sold in competition with the business that had the good idea. It is therefore very hard for small businesses to do business with platforms on an equal and fair footing.
There are initiatives under way that I would be pleased to tell you about in the discussion. I continue to monitor what is happening in Europe and the United States very closely. I have worked a lot in recent years on initiatives that are under way in Europe and the United States to resolve this problem. The Europeans are further ahead. They have two specific initiatives.
First, what is called the Digital Markets Act will be adopted. Agreement has been reached. In a matter of days or weeks, the law will be officially adopted. That will completely change the legal environment for large platforms, referred to as GAFAM.
There is another proposal, which is not as far along, but that should nonetheless be completed: regulations concerning data. These regulations will also allow businesses to better control the data they share with platforms and allow them to change suppliers, retrieve data and so on.
We could discuss all this, and I would be pleased to give you more details. In short, Canada should draw inspiration from these initiatives.
The reform of competition law in Canada poses two problems. First, in its current state, Canada's Competition Act is already somewhat behind what is being done in the world. I have sent you a document that I recently prepared on this topic. Then, even if we do the same as all the other countries, the fact remains that Europe and the United States are already improving their economic regulations to better resolve the problems associated with the large platforms. Canada must therefore do two things.
I will conclude my remarks by discussing the second type of SME, namely start‑up SMEs. These SMEs must always have an exit strategy. That is their main concern. Either they grow until they are acquired by someone else, or they grow and become large companies. In Canada, the path to growth to become a large company is very difficult to put in place. I believe other witnesses have already talked about this. There is a lack of venture capital, and there are problems associated with growth. The acquisition strategy is therefore dominant in Canada. There, too, we see that there are difficulties. Often, large platforms acquire start‑ups simply to mothball them. In other words, they close them to take the innovation for themselves.
Here again, this is something that has attracted attention in Europe and in the United States. The Americans are a bit ahead of what is being done in Europe, but in both cases, the situation is being monitored very closely and efforts are being made to control mergers, to prevent large platforms from acquiring SMEs solely to get rid of them because they could be a threat to them. Clearly, from a Canadian perspective, this is undesirable. Even a less harmful acquisition, so to speak, could also result in a transfer of technology from Canada to the United States and the closure of a Canadian business.
This is another matter that Canada must address. It should look very carefully at controlling mergers, when a platform acquires a start‑up.
I will stop here. I would be pleased to answer your questions during the discussion. I can do so in English or French. That is no problem.
Thank you.