Competition Bureau of Canada Seeks Public Input on New Competitor Property Controls Guidelines

The Competition Bureau of Canada is inviting Canadians to provide their input on its preliminary enforcement approach to competitor property controls. This follows recent changes to the Competition Act aimed at modernizing the country’s competition laws.

In a statement released by the Bureau, it outlined that the preliminary guidance is designed to offer an initial interpretation of how these legislative changes will influence its approach to competitor property controls. The guidance is intended to assist Canadians in complying with the new regulations, according to the statement.

The Bureau is particularly interested in hearing from Canadians who have direct experience with competitor property controls, including tenants, lessors, and landowners. These controls are defined as restrictions on the use of commercial real estate that can potentially harm competition by making it difficult, or even impossible, for businesses to open new stores.

Canadians are encouraged to provide feedback not only on the guidance itself but also to bring other pertinent issues to the Bureau’s attention. Per the statement, the feedback collected during this consultation will play a crucial role in shaping how the Bureau assesses the competitive impact of property controls moving forward.

The window for submitting feedback will remain open until October 7, 2024. Submissions can be made through the Bureau’s online feedback form, with each submission being published on the Bureau’s website unless confidentiality is specifically requested by the provider.

These efforts are part of a broader initiative by the Government of Canada to modernize the country’s competition laws. Significant changes were made to the Competition Act in December 2023, expanding the scope of reviewable collaborations between firms and enhancing the Bureau’s ability to prevent abuse of dominance. Further amendments were made in June 2024, which strengthened the Bureau’s capacity to act on competitor collaborations. While some of these changes took effect immediately, others are slated to come into force in December 2024.

Source: Canada CA