This article is part of a Chronicle. See more from this Chronicle
Anita Banicevic, Mark Katz, Nov 25, 2009
The October issue of Global Competition Policy contained an informative series of articles discussing the concept of “collective dominance,” principally from a European perspective. In this article, we provide a Canadian epilogue of sorts to that discussion, as collective dominance is emerging as a hot-topic in Canada as well. Specifically, it appears that the Canadian Competition Bureau (“Bureau”) will be taking a more aggressive approach than in the past to instances of what it regards as the collective (or “joint”) abuse of dominance. This shift in approach is part of a broader effort by the Bureau to step up enforcement of the Competition Act’s abuse of dominance provisions, in line with a renewed focus by competition authorities worldwide on the potentially anticompetitive effects of conduct by dominant firms.