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,

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 in

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 i

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 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 req

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 wo

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

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

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

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

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 industr

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  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  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