Archived — Competition Bureau Quarterly Statistics Report for the period ending March 31, 2016

The Competition Bureau’s Quarterly Report presents statistics relating to a variety of intake measures, merger and non‑merger related enforcement matters, as well as advocacy, outreach and partnership initiatives. This Quarterly Report is a preliminary report that sets out the general performance results each quarter for the Bureau and supersedes all previous Quarterly Reports made by the Bureau relating to the content described herein. The figures contained within this report are subject to adjustments in future publications.

Table of contents

Infographic

Infographic

Description

(This infographic features some of the key statistics from the Competition Bureau’s 2015‑2016 activities, along with supporting icons)

The Competition Bureau in Numbers

2015‑2016

(Beside the date, we see an icon of a bar chart along with an arrow indicating a trend)

221 Mergers reviews

(Beside the number, we see an icon of two puzzle pieces that look like they will fit together, which symbolizes the concept of a merger)

135 Speeches to stakeholders about competition

(Beside the number, we see an icon of a person at a podium with a microphone, which represents the concept of a person making a speech)

10,933 Information requests and complaints received

(Beside the number, we see an icon of an envelope with a plus sign on the bottom right and a hand that looks like it is about to click on the plus sign. This symbolizes the concept of a person sending a request or making a complaint via email)

5 Consent agreements filed with the Competition Tribunal

(Beside the number, we see an icon of a handshake, which symbolizes the concept of two parties making an agreement)

64 Investigations and compliance assessments

(Beside the number, we see an icon of a police badge, which symbolizes the concept of law enforcement)

2 Investigations referred to Public Prosecution Service of Canada

(Beside the number, we see an icon of a balance, which symbolizes the concept of justice)

Fines and administrative monetary penalties imposed and consumer restitutions

$16M

(The $16M is circled in red. Beside the dollar amount, we see an icon of a piggy back with a coin, which symbolizes the concept of money being collected)

At the bottom of the infographic, on the far left, is the Competition Bureau / Government of Canada federal identity logo, which features the Canadian flag on the left and the words "Competition Bureau Canada, Bureau de la concurrence Canada" to the right of the flag.

At the bottom of the infographic, on the far right, is the Government of Canada wordmark, which features the word "Canada" with a small Canadian flag above the last letter "a".

top of page

Table 1: Intake
The Competition Bureau receives a variety of intakes via the Information Centre (primary point of entry for requests from members of the public).
Measure 2015‑2016 2014‑2015
Total
Description
Q1 Q2 Q3 Q4 YTD
Complaints 773 751 760 734 3018 N/A

Number of complaints submitted to the Bureau that relate to the Bureau’s four statutes (Competition Act, Consumer Packaging and Labelling Act, Textile Labelling Act and Precious Metals Marking Act).

Information Requests 2020 1924 1784 2187 7915 N/A

Number of questions submitted to the Bureau that relate to the Bureau’s four statutes (Competition Act, Consumer Packaging and Labelling Act, Textile Labelling Act and Precious Metals Marking Act).

Media requests 90 66 85 249 490 532

Number of media requests to the Bureau.

Textile Labelling CA Identification Number applications 211 172 180 249 812 766

Number of CA Identification Number applications submitted to the Bureau.

Textile Labelling CA Identification Number Service Standard Met (%) 98% 100% 100% 99% 99% N/A
Written Opinions Non‑Complex 0 0 1 0 1 2 Number of requests submitted to the Bureau for written opinions.
Complex 4 8 9 3 24 0
Written Opinion Service Standard Met (%) Non‑Complex N/A N/A 100% N/A 100% 100%  
Complex 75% 62% 55% 67% 65% N/A  

Enforcement

The Competition Bureau enforces both criminal and civil provisions of Canada's Competition Act aimed at addressing anti‑competitive practices and misleading advertising as well as the Consumer Packaging and Labelling Act, the Precious Metals Marking Act and the Textile Labelling Act.

Table 2.0: Enforcement — Non Merger
  Measure 2015‑2016 2014‑2015
Total
Description
Q1 Q2 Q3 Q4 YTD
Investigative Stage
Immunity markers granted to applicants 12 5 11 3 31 20 Number of immunity markers the Cartels and Deceptive Marketing Practices Branch granted.
Leniency markers granted to applicants 3 8 1 0 12 17 Number of leniency markers the Cartels Directorate granted.
Whistleblowers 0 0 0 0 0 N/A Number of whistleblowers who contacted the Bureau.
Investigations
commenced 20 17 16 11 64 55 Number of investigations and compliance assessment matters that were opened. Investigations include matters for which inquiries have been commenced.
concluded 25 12 12 15 64 50 Number of investigations and compliance assessment matters that were closed.
Total Ongoing Investigations 124 119 124 128 124 119 Number of investigations ongoing (i.e., matter not closed) at the end of the previous quarter. Investigations include matters for which inquiries have been commenced.
Inquiries
commenced 0 5 1 4 10 8 Number of investigation for which an inquiry has been commenced pursuant to section 10 of the Competition Act.
discontinued 0 1 1 3 5 4 Number of inquiries discontinued pursuant to section 10 of the Competition Act.
Total Ongoing Inquiries 77 76 78 76 77 72 Number of inquiries ongoing (i.e., matter not discontinued) at the end of the previous quarter.
Search warrants 1 1 7 4 13 42 Number of search warrants issued.
Section 11 orders 9 2 4 0 15 19 Number of section 11 orders issued, including multiple orders for a single investigation.
Investigations referred to the Public Prosecution Service of Canada 1 1 0 0 2 5 Number of investigations referred to the Public Prosecution Service of Canada for consideration and action.

top of page

Table 2.1: Resolutions
Measure 2015‑2016 2014‑2015
Total
Description
Q1 Q2 Q3 Q4 YTD
Alternative Case Resolutions 4 5 5 10 24 25 Number of Alternative Case Resolutions (ACRs) reached.
Registered Consent Agreements 1 0 4 0 5 4 Number of Consent Agreements registered with the Competition Tribunal or Courts pursuant to sections 74.12 or 105 of the Competition Act.
Convictions without Guilty Pleas 0 0 0 0 0 1 Number of convictions (excluding guilty pleas), includes sections 65 and 66 under the Competition Act.
Guilty pleas 5 0 3 4 12 6 Number of guilty pleas made by individuals or companies for an offence under the Competition Act, the Consumer Packaging and Labelling Act, the Precious Metals Marking Act or the Textile Labelling Act.
Prohibition order with convictions 3 0 0 0 3 0 All prohibition orders with convictions (subsection 34(1)) under the Competition Act.
Prohibition order without convictions 0 0 0 0 0 0 All prohibition orders without convictions (subsection 34(2)) under the Competition Act.
Interim injunctions 0 0 0 0 0 0 All interim injunctions (section 33) under the Competition Act.
Table 2.2: Contested Matters — Before the Courts or Competition Tribunal
  Measure 2015‑2016 2014‑2015
Total
Description
Q1 Q2 Q3 Q4 YTD
Matters before the Competition Tribunal, Provincial Superior Courts or Federal Court
Matters filed to the Competition Tribunal 0 0 0 0 0 N/A Number of applications brought by the Commissioner before the Competition Tribunal related to substantives matters under the Competition Act. This excludes applications to vary or rescind consent agreements or orders under sections 74.13 or 106; applications for interim orders or injunctions under sections 74.111, 100, 103.3 or 104; and applications related to private access under section 106.1 of the Competition Act.
Matters currently ongoing before the Competition Tribunal 3 3 3 2 2 4 Number of ongoing applications at the end of the previous quarter before the Competition Tribunal related to substantives matters under the Competition Act. This excludes applications to vary or rescind consent agreements or orders under sections 74.13 or 106; applications for interim orders or injunctions under sections 74.111, 100, 103.3 or 104; and applications related to private access under section 106.1 of the Competition Act.
Contested matters resolved through the Competition Tribunal 0 0 0 0 0 N/A Number of applications resolved (decision made) via the Competition Tribunal. Does not include Consent Agreements registered pursuant to sections 79.12 or 105 of the Competition Act. This excludes interim steps in a proceeding or rescission or variation of a Consent Agreement or Order under sections 74.13 and 106 of the Competition Act, with the exception of private access.
Matters where proceedings were filed to the Courts 1 0 0 0 1 N/A Number of proceedings related to substantive matters before the Courts where proceedings were filed. This excludes interim steps in a proceeding or Rescission or Variation of a Consent Agreement or Order under sections 74.13 of the Competition Act.
Matters currently ongoing before the Courts where proceedings were filed 16 17 16 14 14 18 Number of ongoing proceedings at the end of the previous quarter before the Courts related to substantive matters. This excludes interim steps in a proceeding or Rescission or Variation of a Consent Agreement or Order under sections 74.13 of the Competition Act.
Resolved matters through the Courts 1 0 0 0 1 N/A Number of proceedings resolved (decision made) via the Courts. This excludes interim steps in a proceeding or Rescission or Variation of a Consent Agreement or Order under sections 74.13 of the Competition Act.
Appeals filed with the Federal Court of Appeal 1 0 0 0 1 N/A Number of appeals filed with the Federal Court of Appeal. This excludes interim steps in a proceeding or Rescission or Variation of a Consent Agreement or Order under sections 74.13 of the Competition Act.
Appeals currently ongoing before the Federal Court of Appeal 1 1 1 0 0 N/A Number of appeals ongoing at the end of the previous quarter before the Federal Court of Appeal. This excludes interim steps in a proceeding or Rescission or Variation of a Consent Agreement or Order under sections 74.13 of the Competition Act.
Resolved appeals through the Federal Court of Appeal 1 0 0 0 1 N/A Number of appeals resolved (decision made) via the Federal Court of Appeal. This excludes interim steps in a proceeding or Rescission or Variation of a Consent Agreement or Order under sections 74.13 of the Competition Act.
Table 2.3: Outcomes
Measure 2015‑2016 2014‑2015
Total
Description
Q1 Q2 Q3 Q4 YTD
Total fines imposed (millions) $1.18M $0 $1.71M $0.29M $3.18 $8.63M Dollar value of fines imposed upon companies and individuals by the Courts.
Individuals sentenced 5 0 0 1 6 3 Number of individuals sentenced under the Competition Act.
Companies sentenced 1 0 2 3 6 4 Number of companies sentenced under the Competition Act.
Combined jail time imposed (months) 63 mths 0 mths 0 mths 0 mths 63 mths 32 mths Months of jail time imposed
Total administrative monetary penalties (AMPs) (millions) $3.5M $0 $2.25M $0 $5.75M $10M Dollar value of AMPs imposed by the Competition Tribunal or Courts.
Total restitution
(millions)
0 $0 $7.34M $0 $7.34M $7.11M Dollar value of restitution imposed by the Competition Tribunal or the Courts.
Matters resolved through orders by the Competition Tribunal 1 0 1 0 2 0 All Orders issued under sections 74, 75, 76, 77, 79, 81, 82, 83, 84, 86, 87, 90.1 and 92 of the Competition Act. This includes orders issued under sections 74.1, 74.111 and 92.1, Temporary Orders, and Rescission or Variation of a Consent Agreement or Order under sections 74.13 and 106 of the Competition Act.

top of page

Enforcement — Merger Related Matters

Under the Competition Act, mergers and proposed mergers of all sizes and in all sectors of the economy are subject to review to determine whether they have resulted, or will likely result, in a substantial lessening or prevention of competition.

Table 3.0: Matters (ALL)
  Measure 2015‑2016 2014‑2015
Total
Description
Q1 Q2 Q3 Q4 YTD
Examinations
Commenced 62 64 59 50 235 255 Number of merger reviews that were opened during the period.
Pre‑Merger Notification filings & Advance Ruling Certificate requests 56 60 51 45 212 240 Number of Pre‑Merger Notifications (PMNs) filed pursuant to section 114(1) of the Competition Act and number of Advance Ruling Certificate (ARC) requests made pursuant to section 102 of the Competition Act. Includes matters where either a PMN filing or an ARC request, or both occur.
Other examinations 6 4 8 5 23 15 Number of matters where no PMN or ARC request was received. Includes Investment Canada applications, Heritage Canada applications, complaints and reviews of non‑notifiable mergers initiated by the Mergers Directorate.
Concluded 62 62 54 43 221 245 Number of merger reviews that were completed during the period.
No issues under the Act 58 60 53 41 212 231 Number of merger reviews that were completed with no issues under the Competition Act.
With issues under the Act 4 1 0 2 7 9 Number of merger reviews that were completed with issues under the Competition Act and involve monitoring. Does not include ongoing matters before the Competition Tribunal.
Transactions abandoned for reasons unrelated to the Commissioner's position 0 1 1 0 2 5 Number of transactions (proposed merger) abandoned for reasons other than the Bureau’s views on the proposed merger.
Total Ongoing Merger Reviews 22 22 24 29 36 24 Number of merger reviews ongoing (i.e., matter not closed) at the end of the previous quarter.
Inquiries
Commenced 3 2 2 0 7 3 Number of matters for which an inquiry has been commenced pursuant to section 10 of the Competition Act.
Discontinued 0 0 1 0 1 0 Number of inquiries discontinued pursuant to section 10 of the Competition Act.
Total Ongoing Inquiries 15 18 20 21 21 12 Number of inquiries ongoing (i.e., matter not discontinued) at the end of the previous quarter.
Table 3.1: Concluded Matters (No Issues)
  Measure 2015‑16 2014‑15 Total Description
Q1 Q2 Q3 Q4 YTD
Concluded Matters (No Issues)
Advanced Ruling Certificates Issued 27 23 19 14 83 120 Number of examinations concluded with the issuance of an Advance Ruling Certificate (ARC) pursuant to section 102 of the Competition Act.
No Action Letters Issued 26 36 30 21 113 101 Number of examinations concluded with the issuance of a No Action Letter (NAL) pursuant to section 114 of the Competition Act.
Other Examinations 5 1 4 6 16 10 Number of examinations concluded with the issuance of other communication of no current enforcement action in the case of matters commenced for other reasons.
Total Concluded Matters (No Issues) 58 60 53 41 212 231 Number of merger reviews that were completed with no issues under the Competition Act.
Concluded & On‑Going Matters (With Issues)
Consent Agreements 4 1 0 2 7 2 Number of Consent Agreements registered with the Competition Tribunal pursuant to section 105 of the Competition Act related to mergers.
Transactions Abandoned due to competition concerns 0 0 0 0 0 2 Number of transactions (proposed merger) abandoned for reasons other than the Bureau’s views on the proposed merger.
Alternative Case Resolutions 0 0 0 0 0 4 Number of matters that raised an issue under the Competition Act but were resolved outside of proceedings before the Competition Tribunal and Consent Agreements.
Section 92 Matters 0 0 0 0 0 1 Number of s.92 matters resolved. This includes Orders issued by the Competition Tribunal pursuant to s.92 of the Competition Act, matters where a s.92 application is withdrawn, and final resolutions through the Court appeal process
Total Concluded Matters (With Issues) 4 1 0 2 7 9 Number of merger reviews that were completed with issues under the Competition Act and involve monitoring. Does not include ongoing matters before the Competition Tribunal.
Matters Before the Competition Tribunal or the Courts 1 1 2 1 1 0 Number of matters before the Competition Tribunal or the Courts. Includes ongoing section 92, 100, 106 and other matters of the Competition Act before the Competition Tribunal.

top of page

Table 3.2: Merger Review Performance Indicators
Measure Complexity 2015‑2016 2014‑2015
Total
Description
Q1 Q2 Q3 Q4 YTD
Please visit the Competition Bureau Fees and Service Standards Handbook for Mergers and Merger‑Related Matters
Matters Concluded (#)
Non‑Complex 38 42 36 22 138 170 Number of non‑complex mergers concluded.
Complex 19 18 13 15 65 55 Number of complex mergers concluded.
Total 57 60 49 37 203 225  
Matters Concluded (%)
Non‑Complex 67% 70% 73% 59% 67% 76%  
Complex 33% 30% 27% 41% 33% 24  
Total 100% 100% 100% 100% 100% 100%  
Service Standard Met (#)
Non‑Complex 36 41 35 21 133 168  
Complex 13 17 12 13 55 50  
Total 49 58 47 34 188 218  
Service Standard Met (%)
Non‑Complex 95% 98% 97% 95% 96% 99%  
Complex 68% 94% 92% 87% 85% 91%  
Avg. Review Time (days)
Non‑Complex 10.03 11.95 11.75 8.72 10.61 10.55  
Complex 43.79 32.72 29.77 37.2 35.87 33.35  
Supplementary Information Requests Issued 6 2 2 8 18 12 Number of requests made pursuant to section 114(2) of the Competition Act.

Competition Promotion

The Bureau actively encourages the adoption of pro‑competition positions, policies, and behaviors by businesses, consumers, regulators, government and international partners.

Advocacy

The Bureau participates in a wide range of activities to promote and advocate the benefits of a competitive marketplace, both in Canada and abroad. This includes recommending that regulators and policy‑makers rely on market forces as much as possible and that regulation, where required, limit competition as little as possible. Our Advocacy Portal on the Bureau's website highlights recent advocacy work conducted by the Bureau.

Table 4: Advocacy
Measure 2015‑2016 2014‑2015
Total
Description
Q1 Q2 Q3 Q4 YTD
Representations before regulatory bodies 3 0 1 0 4 9 Number of interventions, submissions and appearances before regulatory bodies pursuant to our advocacy function under sections 125 and 126 of the Competition Act.
Other advocacy interventions 5 4 10 6 25 24 Number of other interventions (outside formal interventions, submissions and appearances before regulatory bodies) may include written submissions including letters, calls and meetings with regulatory groups and other stakeholders.
The Competition Advocate publications 0 0 0 0 0 1 Number of publications of the Competition Advocate.
Market studies 0 0 0 0 0 3 Number of market studies completed.

top of page

Outreach

The Bureau promotes transparency in all its operations by communicating with stakeholders and providing them with up‑to‑date information and guidance through a wide variety of publications.

Table 5: Outreach
Measure 2015‑2016 2014‑2015
Total
Description
Q1 Q2 Q3 Q4 YTD
Speeches 44 12 39 40 135 141 Number of presentations by Bureau officials to external stakeholders, including speaking engagements, information sessions, panel participation and outreach activities.
Publications 27 12 8 17 64 26 Number of new publications and those that have been revised, including information bulletins, enforcement guidelines, videos, position statements, pamphlets and FAQs.

Domestic and International Collaboration

The Bureau collaborates with domestic and international partners in order to enhance its ability to promote and protect a competitive marketplace.

Table 6: Domestic and International Collaboration
  Measure 2015‑2016 2014‑2015
Total
Description
Q1 Q2 Q3 Q4 YTD
International
Cooperation Instruments 1 0 0 1 2 2 Number of Memoranda of Understanding, cooperation agreements and cooperation arrangements signed.
Formal bilateral meetings 3 3 3 6 15 5 Number of bilateral meetings between the Bureau and foreign law enforcement agencies and competition authorities.
International Fora meetings and workshops 6 1 9 1 17 16 Number of meetings and workshops with multinational organizations (e.g., Organisation for Economic Co‑operation and Development, International Competition Network, International Consumer Protection and Enforcement Network).
Domestic
Formal domestic partnerships 25 27 27 27 27 20 Number of domestic partnerships in which the Bureau participates (e.g., the Market Surveillance Administrator of Alberta, the Canadian Radio‑television and Telecommunications Commission, the Canadian Intellectual Property Office and the Department of Public Works and Government Services) where Memoranda of Understanding or other agreements are in place.

top of page

Glossary

Alternative Case Resolutions:
Through the range of instruments (for example, information letters, targeted inspections), the Bureau may facilitate voluntary compliance by identifying the issue to the business or individual at an early stage. Such interventions may provide long‑term benefits as well; as businesses and individuals are made increasingly aware of their responsibilities under the Acts, there may be less future need to respond to instances of non‑compliance. Cases where the Bureau resolves concerns of non‑compliance are completed without the need for litigation or consensual resolutions.
CA Identification Number:
The CA Identification Number is an identification number registered for the exclusive use of a Canadian dealer on the label of a consumer textile article in place of a name and postal address (as per the Textile Labelling Act).
Competition Act:
The Competition Act is a federal law governing most business conduct in Canada. It contains both criminal and civil provisions aimed at preventing anti‑competitive practices in the marketplace.
Compliance Assessment:
An examination of a program, activity or individual transaction to ensure that it conforms to legislation, regulations and administrative directives.
Competition Tribunal:
The Competition Tribunal is a specialized tribunal that combines expertise in economics and business with expertise in law. The Tribunal is a strictly adjudicative body that operates independently of any government department. The cases it hears are complex and deal with matters such as mergers, misleading advertising and restrictive trade practices. The Competition Tribunal should be distinguished from the Competition Bureau. The Competition Bureau investigates complaints and decides whether to proceed with the filing of an application with the Competition Tribunal.
Complex Mergers:
Complex mergers involve proposed transactions between competitors, or between customers and suppliers, where there are indications that the transaction may, or is likely to, create, maintain or enhance market power. Proposed transactions, where the combined post‑merger market share of the parties is potentially 35% or more, are generally classified as complex.
Consumer Packaging and Labelling Act:
The Consumer Packaging and Labelling Act is a statute relating to the packaging, labelling, sale, importation and advertising of prepackaged and certain other products.
Courts:
Under the Competition Act, as well as under the Consumer Packaging and Labelling Act, the Precious Metals Marking Act and the Textile Labelling Act, certain practices may be brought before the Courts, which include the Federal Court or the Superior Court of a province. Under the civil regime of the Competition Act, certain practices may be brought for review before the Competition Tribunal, the Federal Court or the Superior Court of a province.
Immunity:
The first party to disclose to the Competition Bureau an offence not yet detected or to provide evidence leading to the filing of charges may receive immunity from prosecution from the Director of Public Prosecutions of Canada as long as the party cooperates with the Bureau and any subsequent prosecution.
Investigation:
A civil (non‑merger) or criminal investigation under the Competition Act, the Consumer Packaging and Labelling Act, the Textile Labelling Act or the Precious Metals Marking Act (includes inquiries).
Leniency:
The Competition Bureau may recommend to the Director of Public Prosecutions that cooperating persons who have breached the cartel provisions under the Competition Act, who are not eligible for a grant of immunity, nevertheless be considered for lenient treatment in sentencing.
Market Studies:
Are designed to improve understanding of the effects of competition on the economy.
Matter:

An ongoing issue or case that requires action by the Competition Bureau (includes investigations and inquiries).

Merger Review:
A review of a merger transaction under the Competition Act.
Non‑Complex Mergers:
Non‑complex mergers are readily identifiable by the clear absence of competition issues, and include transactions where there is no or minimal overlap between parties, assuming properly defined product and geographic markets. Minimal overlap includes a combined post‑merger market share of less than 10% in any relevant market.
Precious Metals Marking Act:
The Precious Metals Marking Act is a statute relating to the marking of articles containing precious metals.
Section 11 Order:
Section 11 orders allow the Commissioner to obtain information from persons who have or are likely to have information that is relevant to a matter under inquiry pursuant to section 10 of the Competition Act. In order for a section 11 order to be issued by a Court, the Commissioner must first have initiated an inquiry under section 10 of the Act.
Textile Labelling Act:
The Textile Labelling Act is a statute relating to the labelling, sale, importation and advertising of consumer textile articles.
The Competition Advocate:
A short commentary, published periodically, that offers the Bureau’s views on industries that may benefit from increased competition.
Written Opinions:
Written opinions are issued on the applicability of one or more provisions of the Competition Act or regulations to a proposed practice or conduct. They are binding on the Commissioner if all the material facts have been submitted, are accurate, and remain substantially unchanged. The Commissioner has the sole discretion to decline to issue a written opinion.
Date modified: