Mr. Speaker, I would like to reiterate basically what we talked about the last time this bill was before the House.
Bill C-454 amends the anti-cartel provision of the act, section 45. The proposed amendments would strike the word “unduly” from section 45 and raise the level of fines that would be imposed. Section 45 is one of the key provisions in the Competition Act.
As I understand it, removing the word “unduly” could expose criminal liability conduct currently regulated by provincial or federal laws. For example, it is not clear whether provincial authorization of certain price fixing arrangements, such as thorough marketing or supply management boards, would continue to shield such arrangements from criminal liability under section 45 if the amendments proposed in the bill were passed.
Given this, I would hope that my hon. colleagues will ensure that they take all points of view into consideration before deciding how to address the conduct that is targeted in this section.
Bill C-454 would also give the Commissioner of Competition the ability to launch inquiries, with formal investigative powers, into entire sectors of the economy. It would be useful to get more information as to what is contemplated here.
The commissioner already has the ability to conduct market studies as part of her role as an advocate for competitive markets, the recent study into generic drug pricing being one example. Is something more intended, such as using the information gathered in subsequent criminal proceedings? This will need to be clarified as soon as possible.
Bill C-454 would change the rules regarding pre-notification of mergers by lowering the threshold at which companies considering merging would have to notify the commissioner of their intentions. In this regard we should ask ourselves whether the costs imposed on businesses by lowering the threshold for merger notification outweigh any benefits of having the Competition Bureau examine smaller transactions.
There is a lengthy list of proposed amendments to the Competition Act. Given the importance of the issues involved with this bill, I look forward to the careful consideration that this House will give it.