Madam Speaker, I am pleased to take part in the second reading debate on Bill C-452, An Act to amend the Competition Act (inquiry into industry sector).
As I understand it, the underlying objective of this bill is to address potential problems associated with investigating the petroleum sector. We are all concerned with high gas prices and as many in the House are aware, gasoline prices have long been a focus of the Competition Bureau.
High prices in and of themselves are not illegal under the Competition Act as long as long as they result from free market forces and are not the result of anti-competitive behaviour. The bureau does not hesitate to take action to protect both competition and consumers when there is concrete evidence that the high prices are the result of anti-competitive conduct.
In this regard, since 1972 the bureau's investigations in the gasoline and heating oil markets have led to thirteen trials involving charges of local price maintenance, eight of which have resulted in convictions. The bureau has also conducted six major investigations into allegations of collusion and other anti-competitive behaviour in the petroleum sector since 1990.
Those investigations did not find any evidence to suggest that periodic price increases resulted from a national conspiracy to limit competition in the supply of gasoline or from abusive behaviour by firms holding a dominant position in the market. Instead, they found that market forces such as supply and demand and rising crude oil prices caused the price spikes.
That has not stopped the bureau from remaining vigilant regarding the activities of this industry. In 2008, the bureau's investigation into certain cartel activities led to criminal charges against 13 individuals and 11 companies accused of fixing gasoline prices at the pumps in Victoriaville, Thetford Mines, Magog and Sherbrooke, Quebec. As of December 2009, ten individuals and six companies have pleaded guilty in this case, with fines totalling over $2.7 million. Of the ten individuals who pleaded guilty, six have been sentenced to terms of imprisonment totalling 54 months.
The same vigilance is evident in the bureau's work in reviewing mergers in the petroleum sector. In July 2009, the bureau announced that it had reached a consent agreement with Suncor Energy and Petro-Canada regarding their proposed merger. If this transaction had proceeded without the bureau's intervention, Suncor and Petro-Canada would have been in a position to restrict supply at the wholesale level, as well as to reduce competition in the retail sector in southern Ontario.
The consent agreement in this case required the merged company to sell terminal space and distribution capacity at its gasoline terminals in the GTA to an unrelated third party to ensure continued competition in the market for wholesale distribution of gasoline in southern Ontario and the GTA. This agreement also required the merged company to supply 98 million litres of gasoline to independent gasoline retailers each year during the 10-year period.
To address competition concerns in the retail sector, the consent agreement also required the merging parties to sell 104 corporate-owned gas stations in the GTA and southern Ontario.
Bill C-452 proposes a single amendment to the Competition Act. It would provide the Commissioner of Competition with the ability to launch formal inquiries under the Competition Act into entire sectors of the economy.
We need to be vigilant with respect to the duties that we impose on the bureau. Currently, the commissioner has the ability to conduct limited market studies as part of her role as an advocate for competitive markets. Studies into generic drug pricing and the practices of self-regulating professions are two recent examples where the commissioner examined the specific practices of various industry sectors and made recommendations to promote a more competitive marketplace.
There is evidence that these studies have been effective in improving competition in these sectors. The costs to business and the resource requirements within the bureau of such studies were minimal and did not interfere with the bureau's priority which is to enforce the act.
If a formal inquiry into an entire industry sector is required, the government may invoke its powers under the Inquiries Act. Such inquiries would include the authority to compel either oral or written evidence from witnesses and require witnesses to produce documents that are relevant to the matter that is under inquiry.
The government may also launch an inquiry under section 18 of the Canada International Trade Tribunal Act. This provision allows the tribunal to inquire into and report on matters of economic, trade or commercial interests to Canada. In the past, the tribunal has carried out studies on the competitiveness of the beef industry and the fresh and processed fruits and vegetables industries in Canada.
Given these existing avenues for inquiry and the range of issues that have been examined under the commission's current authority, I must say real doubt arises as to whether a new broader power is needed.
As we have seen, the Competition Bureau continues to aggressively enforce the Competition Act whenever violations occur in the petroleum sector. In addition, provisions in the act exist to ensure that action can be taken against abusive behaviour by dominant firms in any market. As well, the bureau has used its existing limited market studies authority to proactively promote constructive measures to improve competition in markets where structural problems exist.
Should Bill C-452 be referred to committee, I hope that there will be a thorough and detailed analysis of this proposal to determine whether it would truly advance the protection and promotion of competition for Canadian consumers and businesses.