Competition Bureau Clarifies its Role in Private Access Cases

OTTAWA, May 4, 2005 - The Competition Bureau has revised its Information Bulletin on Private Access to the Competition Tribunal to provide greater transparency and predictability for businesses in Canada.

Key improvements include:

• better guidance on when the Commissioner may choose to make written representations to the Tribunal regarding a private party’s application for leave to bring a matter forward;
• clarification on when the Commissioner may choose to intervene in a private access proceeding or a consent agreement between private access litigants; and
• an example of when the Commissioner may decide to file an application to the Tribunal directly instead of intervening in an existing private access proceeding.

Private access allows parties to apply directly to the Tribunal for matters such as refusal to deal, tied selling, exclusive dealing and market restriction if they are directly and substantially affected by the conduct of another party. Prior to the introduction of private access in the Competition Act in June 2002, only the Commissioner of Competition could initiate an application before the Tribunal. The Bureau’s Bulletin on Private Access was first published in 2003. The revised version takes into account comments received on the original and reflects recent legal developments.

The Competition Bureau is an independent law enforcement agency that promotes and maintains fair competition so that all Canadians can benefit from competitive prices, product choice and quality service. It oversees the application of the Competition Act, the Consumer Packaging and Labelling Act, the Textile Labelling Act and the Precious Metals Marking Act.

Information Bulletin on Private Access to the Competition Tribunal

For media enquiries, please contact:
Purvi Radia
Communications Advisor
Communications Branch
819-953-8679

For general enquiries, please contact:
Information Centre
Competition Bureau
819-997-4282
1-800-348-5358