Canadian Competition Bureau public consultation on its proposed Anti-Competitive Conduct and Agreements Enforcement Guidelines

ClientEarth and Simon Holmes’ contribution

ClientEarth and Simon Holmes warmly welcome this initiative by the Canadian Bureau – particularly its proposals regarding the potential to issue a certificate for agreements related to protecting the environment.

Given the laudable approach which Canada has taken in the recent past to fighting climate change, its ambitious emission reduction targets, and its recognition of the need for faster delivery, we would encourage the Canadian Bureau to provide practical guidelines in relation to the application of competition law to such agreements.

Furthermore, we would like to see a holistic approach being taken with the protection of the environment being covered in guidelines in relation to all aspects of competition enforcement: i.e. both anti-competitive agreements and abuse of dominance (and, indeed, merger enforcement guidelines in due course).