Canada

The Competition Bureau, headed by the Commissioner of Competition, investigates and enforces the Competition Act. Criminal matters are prosecuted by the Director of Public Prosecutions; civil matters are heard by the Competition Tribunal.

Section 45 criminalises price-fixing, market allocation, and output restriction among competitors. Penalties include imprisonment up to 14 years and fines up to CAD 25 million per count.

Vertical restraints such as resale price maintenance, exclusive dealing, tied selling, and market restriction are addressed as civil reviewable matters under sections 75-77.

Section 79 prohibits abuse of a dominant position. The Competition Tribunal may issue prohibition orders and impose administrative monetary penalties of up to CAD 25 million (first order) or CAD 35 million (subsequent).

Mandatory pre-merger notification for transactions exceeding prescribed thresholds (party size CAD 400 million; transaction size CAD 93 million as of 2024). The Tribunal may block or order divestiture of anti-competitive mergers.

The Bureau operates an immunity and leniency programme for cartel offences. The first applicant may receive full immunity from prosecution; subsequent applicants may receive lenient sentencing recommendations.

Consent agreements (civil) and plea agreements (criminal) are regularly used. The Bureau frequently resolves merger and conduct cases through negotiated remedies registered with the Tribunal.

Criminal: fines up to CAD 25 million per count, imprisonment up to 14 years. Civil: administrative monetary penalties up to CAD 25 million (first instance). 2024 amendments significantly increased penalty ceilings.

No dedicated digital markets legislation. The 2024 amendments introduced provisions targeting drip pricing and expanded the scope of reviewable conduct applicable to digital platforms.

CRTC (telecommunications), OSFI (financial services), CER (energy), and Transport Canada have concurrent jurisdiction in regulated sectors. The Competition Bureau may intervene in regulatory proceedings.

The Bureau has broad investigatory powers including search warrants, production orders, and oral examination orders obtained through the Federal Court under section 11 and related provisions.

Private parties may apply directly to the Competition Tribunal for reviewable matters (expanded in 2022 amendments). Damages actions are available in the courts, including class actions for criminal conduct.

Extensive network of bilateral cooperation agreements (US, EU, UK, Australia, and others). Active participant in ICN and OECD. Canada-US cooperation is particularly close under the 1995 and 2004 agreements.

Major 2022-2024 legislative reforms strengthened enforcement tools. Active cartel prosecution (bread price-fixing). Increased scrutiny of digital markets, real estate sector, and grocery competition. Expanded private access to the Tribunal.