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

December 14th, 2010Committee meeting

Michael Janigan

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.

December 14th, 2010Committee meeting

Michael Janigan

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 posi

December 14th, 2010Committee meeting

Michael Janigan

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 competiti

December 14th, 2010Committee meeting

Michael Janigan

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 Competitio

December 14th, 2010Committee meeting

Michael Janigan

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 procedur

December 14th, 2010Committee meeting

Michael Janigan

Industry committee  I think that's correct.

December 14th, 2010Committee meeting

Michael Janigan

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—

December 14th, 2010Committee meeting

Michael Janigan

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.

December 14th, 2010Committee meeting

Michael Janigan

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

December 14th, 2010Committee meeting

Michael Janigan

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 industr

December 14th, 2010Committee meeting

Michael Janigan

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

December 14th, 2010Committee meeting

Michael Janigan

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 ou

December 14th, 2010Committee meeting

Michael Janigan

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 reg

December 14th, 2010Committee meeting

Michael Janigan

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 wit

December 14th, 2010Committee meeting

Michael Janigan