The Commissioner of Competition can always take part in establishing guidelines. Whether it says so or not, I don't think that is a major problem. I would be surprised if the minister did not get in touch with the Commissioner of Competition when establishing these factors, in order to avoid duplication.
Indeed, I don't think the Commissioner of Competition's participation in developing the criteria affects his mandate. He will still be the master of his own destiny as regards procedure, which is set out in the Competition Act, and he will render a decision of which he will have to inform the minister, in accordance with the Act.