Annual Report of the Commissioner of Competition for the Year Ending March 31, 2000

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Introduction

This report reviews the work of the Competition Bureau for the fiscal year ending March 31, 2000, under the four Acts the Bureau administers:

• the Competition Act
• the Consumer Packaging and Labelling Act (non-food products)
• the Precious Metals Marking Act
• the Textile Labelling Act.

The Competition Bureau works to create an environment in which Canadians can enjoy the benefits of lower prices, product choice and quality services in a vibrant and healthy marketplace. It does this by promoting and maintaining competition in the marketplace.

This report discusses the Bureau's activities over the past year and also indicates how its work benefits Canadians. For statistical data and legal references, please visit the Bureau's Web site (http://www.cb-bc.gc.ca).

This report groups the Bureau's activities as follows:

• interacting with Canadians
• promoting competition 
• reviewing mergers 
• preventing anti-competitive activity
• maintaining a modern approach to competition law.

Approach: Conformity Continuum

The Bureau's approach to the enforcement and administration of its legislation has evolved to reflect ongoing change in the economic and business environments. Expanded responsibilities, this year's legislative amendments and the need to efficiently target financial and human resources are among the factors that have led the Bureau to adopt a comprehensive, balanced approach.The Conformity Continuum represents the integration of the various education, compliance and enforcement instruments the Bureau has developed over several years. Each of these groups of instruments complements one another and works interdependently toward promoting maximum conformity with the law.

With such an approach, the Bureau is able to select the instrument of choice to address the issues any specific situation raises. Education efforts are designed to ensure that the business community is provided with a knowledge of legislation and an understanding of how it is enforced. The Bureau facilitates conformity using instruments such as prenotification, targeted inspections and consultations, and by providing opportunities for voluntary compliance in the form of such things as advisory opinions, corporate compliance programs and voluntary codes.

The Bureau's available responses to instances of non-conformity include alternative case resolution in the form of suasion and consent. When it is inappropriate or undesirable to resolve a matter through consent, the Bureau will not hesitate to use an adversarial approach. The use of the Conformity Continuum does not imply that the Bureau is lenient with those who engage in serious anti-competitive conduct. When there is evidence of serious violations of the criminal provisions of the Competition Act, the Bureau refers cases to the Attorney General of Canada with a recommendation that prosecution be undertaken with the full force of the law. In civil matters, when reasonable solutions cannot be worked out by consent orders or by other means, the Bureau will not hesitate to apply to the Competition Tribunal.