Industry committee  I think it does. As well, I would think you would want to develop that in a more comprehensive fashion under the regulations, similar to the way a number of different items are developed, including abuse of dominance, the merger enforcement guidelines. In using that section we would presumably use it in a way that would best achieve the goal of attempting to create competitive markets.

Industry committee  I think it does. I don't wish to diminish the importance of the development of regulations under the act in relation to this section to provide the kinds of procedural protections, the procedure for gathering evidence, the kind of transparency and certainty that's going to be required for this provision to work.

Industry committee  I certainly think if there were a perceived problem with competition or competition-related concerns in the construction industry, certainly that is something for which, with this bill, he or she would be able to launch an appropriate inquiry. With respect to the compelling of information, when I'm not attending before parliamentary committees, I'm usually in utility proceedings, where we are attempting to get information from the regulated company.

Industry committee  Yes. Actually, when the competition commissioner presented her endorsement of the market reference study back in 2005, it presented a number of different examples in the accompanying document, both with relation to Australia, the United Kingdom, the European Commission, and—

Industry committee  I have to say I'm not here as an advocate of investigating the oil companies. I understand your position on this. We're not an organization that has delved deeply into that issue, and I don't want to disparage positions on it, but I don't approach this as an opportunity for an inquiry into the oil companies.

Industry committee  I've read or listened to part of the information that was part of the committee. I think to some extent you're talking at cross-purposes. He was referring to the ability to launch an inquiry in relation to all the different types of hard cartel offences that exist under the act, things like price-fixing and collusion.

Industry committee  First of all, to some extent there are two views of the role of the Competition Bureau and the competition commissioner. One is that the competition commissioner is a cop. The cop goes out, investigates whatever the offence is, and brings it to either the applicable court or the Competition Tribunal.

Industry committee  Sorry, but I don't think I can speak directly to the problems in those industries. I know for a fact that those kinds of studies have had good results in other countries, such as in the U.K. When Richard Taylor, the Deputy Commissioner of Competition, attended before this committee in October 2006, he spoke of market studies that had been done in the U.K. on car dealerships.

Industry committee  Thank you, Mr. Chairman. I'm pleased to attend today to speak to this bill. My remarks are generally directed to the principle of the bill, with some emphasis on the significance and history of the desire for these kinds of studies. Back in 2003, the Competition Bureau put forward a paper called “Options For Reform”.

Finance committee  Yes, Mr. McCallum, there are some comprehensive changes particularly to the powers that are enjoyed by the competition commissioner and the competition tribunal. Most of these have been discussed and discussed and discussed over the years, particularly in relation to things like administrative monetary penalties and expanding the ability of the competition commissioner to seek administrative remedies.

Finance committee  I'm afraid we haven't studied the issue empirically. Certainly our reaction to the fact that the government is moving in this direction is a positive one. We hope to be able to provide something more substantive in the future to assist the government in their plans.

Finance committee  It's been a lengthy process for both our organizations. I can recall that back in 1992 one of the first things I did when I became executive director was to review a project that involved decriminalization of misleading advertising and the possible steps that could be taken to try to enforce things civilly.

Finance committee  I think, first of all, the bureau has to be commended for listening to the effective consensus associated with this, that in fact what we really need is a division of matters into per se offences, which are prosecutable by criminal law and basically represent clear attempts to try to frustrate the Competition Act, and the civil side of things, which look to the anti-competitive effect of the actions and treat it as a civil matter and treat it as an economic matter and attempt to allocate it in accordance with general economic principles.

Finance committee  No, I don't. I think there are a number of different exemptions in the act, particularly related to efficiency, for example. They are probably more generous than I would have drafted and would allow the competition tribunal, for example, to look carefully at what the intent of any agreement is, whether or not it is beneficial across the board and whether or not it brings efficiency into the process.

Finance committee  Thank you, Mr. Chair. It is essential that the committee understand that these amendments are designed to make markets work better and to protect the legitimate interests of consumers and suppliers in open markets. The practices that are being deterred involve conduct that subverts the operation of a competitive market and prevents the existence of an informed market of consumers, as well as the ability of suppliers to challenge dominant players with new products and services.