Industry committee  You would certainly look to the regulations to fill in some of the gaps that seem to be evident in the amendment. I think it's possible to craft a solution that would satisfy some valid objections, or at least some valid concerns associated with implementing a market studies position.

Industry committee  I think the fact that the primary competition authorities are largely people who are devoting their practice to attempting to insulate their clients from the effect of the competition law arises from the fact that we haven't had a tradition of private enforcement of the competition law in the same way as the United States has, bringing actions under the antitrust act.

Industry committee  I haven't done any empirical study related to those two factors, so I can--

Industry committee  Certainly I think it's fair to say we haven't inculcated the same culture of competition that exists in the United States, and I think we're attempting to do so.

Industry committee  I think this is something you would want to address specifically in the regulations in relation to the way in which investigations take place, the way in which evidence is used, and in the event that there was anti-competitive conduct that wished to be proceeded to the Competition Tribunal or to the federal courts, how that will take place, whether or not there's a separation, particularly of the staff that deals with it.

Industry committee  As I said at the beginning, the mechanics of the bill are ones that I have not wordsmithed, nor was I responsible for the draftsmanship. I would assume that if the bill were to pass, a lot of these concerns could be addressed in the regulations in relation to appropriate procedure and how to deal with matters relating to the great degree of difference between the inquiries that are made and the reference to complaints, as well as where there's reason to believe that there is anti-competitive conduct and where you would attempt to pursue studies associated with competition.

Industry committee  I think that's correct.

Industry committee  Once again, in relation to your previous comment, in fairness as well, the commissioner, of course, can do the same thing with respect to the other offences, as long as she has reason to believe they are being committed. It's not a situation where she has to act on a complaint.

Industry committee  If you're saying the preferred word should be “study” rather than “inquiry”, I agree. But the intent of this section, as I understand it, is in effect to parallel the market studies that are being done in the U.K., the United States, the European Union—

Industry committee  I guess I exercise the prerogative to demarcate those areas where I believe—

Industry committee  I think it's one element the commissioner can take into consideration in relation to whether or not a study should be commenced of a particular industry, but it's not the sole element. I think they would want to look a little more closely initially at the structure of the industry, the basis for the complaint, and whether or not the origin or the source of the problem lies within the ability of the industry to respond, and then make the judgment accordingly.

Industry committee  As I understand and interpret Bill C-452, it brings a new authority or is meant to bring a new authority to the competition commissioner to undertake a study with respect to the competitiveness of a particular industry and to report on the competitive dynamics and the means that might be taken to achieve a more competitive result.

Industry committee  Effectively what's occurring here are the inquiries under section 10, but they take place with respect to the powers set out between sections 11 and 19, I believe. The regulations section, which is under section 24, provides that the “Governor in Council may make regulations regulating the practice and procedure in respect of applications, proceedings and orders under sections 11 to 19”.

Industry committee  Yes, I believe that's certainly the power that's been invested with the commissioner in Bill C-452: it would enable those market studies to take place. As I said before, one of the first acts would be, of course, that the commissioner would develop regulations that would set out the way in which those studies would take place, the powers that would be exercised, and when they're exercised.

Industry committee  Of course, I didn't draft the proposed subparagraph, but I'll speak to it in terms of what in fact may provide the appropriate remedy for circumstances associated with the lack of specificity as to the grounds. I would suggest that this would be a matter that might be dealt with by way of section 18 regulations.