Competition Bureau Releases Guidelines on Enforcement of "Abuse of Dominance Provisions" of the Competition Act

OTTAWA, August 1, 2001 - The Competition Bureau released today its Enforcement Guidelines on the Abuse of Dominance Provisions, providing businesses with an additional tool to help them better understand and comply with the abuse of dominance provisions of the Competition Act and informing Canadians of the Bureau's approach to protecting the marketplace against anti-competitive acts.

The provisions of the Competition Act dealing with abuse of a dominant market position are one of the cornerstones of Canadian competition policy legislation, together with merger review and criminal conspiracy prohibitions. These provisions clearly set the boundaries of legitimate competitive business behaviour and provide the means for legal action against companies who choose to abuse their dominant market position. The Enforcement Guidelines on the Abuse of Dominance Provisions outline the approach the Bureau takes when investigating abuse of dominance situations in the marketplace.

"With the release of these guidelines, the Bureau aims to facilitate a high degree of compliance with the abuse of dominance provisions of the Act," said André Lafond, Deputy Commissioner of Competition for the Bureau's Civil Affairs Branch. "Canadians deserve a marketplace that is fair and that offers a wide range of product choice at competitive prices. The Bureau aims to ensure this through its efforts to prevent the abuse of dominance in the marketplace" added Mr. Lafond.

The Guidelines provide comprehensive information on the Bureau's approach to abuse of dominance provisions of the Competition Act, explaining what constitutes abuse of dominance and outlining how the Bureau addresses enforcement and corrective measures in its endeavours to ensure a fair and efficient marketplace. Crucial legal information complements the document, including examples of Competition Tribunal decisions on cases of abuse of dominance.

The Guidelines were also developed as part of the Competition Bureau's continuing efforts to ensure a more transparent enforcement policy. After developing draft guidelines, the Bureau solicited comments from stakeholders, academics, lawyers, businesses and the general public. The finalized guidelines released today reflect many of the points raised through these consultations.

For assistance or to obtain a hard copy of the Enforcement Guidelines on the Abuse of Dominance Provisions, please call the Competition Bureau's Information Centre at (819) 997-4282 or toll-free at 1-800-348-5358. The document is also available through the Bureau's Web site at: www.cb-bc.gc.ca

The Competition Bureau is an independent law enforcement agency which ensures that all Canadians enjoy the benefits of a fair and competitive economy. It oversees the application of the Competition Act, the Consumer Packaging and Labelling Act, the Textile Labelling Act and the Precious Metals Marking Act.

Attachments:
Overview of Guidelines (PDF: 12.5KB)
Enforcement Guidelines on the Abuse of Dominance Provisions (PDF: 573 KB)

For more information, please contact:

Michel Marquis
Senior Communications Advisor
Competition Bureau
Tel: (819) 953-4257 or (613) 293-0962 (cell.)

General Public Enquiries, please contact:

Competition Bureau's Information Center
(819) 997-4282 or toll-free 1-800-348-5358