Konrad von Finckenstein
Commissioner of Competition
Competition Bureau
Industry Canada
Place du Portage, Phase I
21st Floor
50 Victoria Street
Hull, Quebec K1A 0C9
Tel: +1 819 997 3301
Fax: +1 819 953 5013
e-mail:
vonfinckenstein.konrad@ic.gc.ca

Raymond Pierce
Acting Deputy Commissioner
(Mergers)
Competition Bureau
Tel: +1 819 953 4308
Fax: +1 819 953 6169
e-mail: pierce.raymond@ic.gc.ca

Robert A Morin
Deputy Commissioner (Compliance and Operations)
Competition Bureau
Tel: +1 819 953 7942
Fax: +1 819 953 3464
e-mail: morin.robert@ic.gc.ca 

André Lafond
Deputy Commissioner (Civil Matters)
Competition Bureau
Tel: +1 819 997 1209
Fax: +1 819 953 8546
e-mail: lafond.andre@ic.gc.ca

Harry Chandler
Deputy Commissioner (Criminal Matters)
Competition Bureau
Hull, Quebec K1A 0C9
Tel: +1 819 997 1208
Fax: +1 819 997 3835
e-mail: chandler.harry@ic.gc.ca

Johanne D'Auray
Depputy Commissioner (Fair Business Practices)
Competition Bureau
Tel: +1 819 997 1231
Fax: +1 819 953 4792
e-mail: dauray.johanne@ic.gc.ca

Sally Southey
Director of Communications
Competition Bureau
Tel: +1 819 994 4994
Fax: +1 819 953 1877
e-mail: southey.sally@ic.gc.ca

Tandy Muir-Warden
Director (Management Policy and Services)
Competition Bureau
Tel: +1 819 997 1073
Fax: +1 819 994 7588
e-mail: muirwarden.tandy@ic.gc.ca
Competition Bureau website:
http://competition.ic.gc.ca

Competition Act

The Act contains a mix of criminal offences and discretionary reviewable practices; there are also limited rights of private action. Criminal offences such as bid-rigging are prosecuted in criminal courts. Mergers, abuse of dominant position, refusals to deal and vertical restraints are some of the Act's non-criminal reviewable practices. These may be reviewed by the Competition Tribunal on application by the Commissioner of Competition and prohibited. Most reviewable practices are measured on a 'substantial prevention or lessening of competition' test. Misleading advertising may be dealt with as a criminal offence or reviewable practice.

Commissioner of Competition

The Commissioner of Competition is Canada's chief antitrust enforcement official. In charge of the Competition Bureau, the Commissioner has exclusive statutory authority to administer and enforce the Act. An investigator rather than an adjudicator, he is responsible for investigating breaches of the Act and initiating proceedings on reviewable practices. The Commissioner must commence formal inquiries where there is reason to believe a criminal offence has been or is likely to be committed and where grounds exist for the Competition Tribunal to make an order regarding a reviewable practice. Although most inquiries begin at the Commissioner's instance, he must also commence an inquiry when the federal Minister of Industry so directs, or on the sworn application of six Canadian residents. All inquiries are conducted in private and strict rules of confidentiality are applied. Investigative tools available to the Commissioner include search and seizure, examinations under oath, and production of records or other physical evidence, including databases and corporate records.

Competition Bureau

The Bureau, with a staff of 382 and an annual budget of over C$25 million, provides the Commissioner with all necessary administrative support. In 1998/99 the Bureau collected over C$41 million in fines and almost C$7 million in fees (primarily merger notification fees). Deputy Commissioners and Chief Officers oversee branches dealing with legislative amendments, mergers, civil matters, criminal matters, compliance and operations, economics and international affairs, and fair business practices.

Attorney General

Ultimate discretion in and responsibility for initiating criminal proceedings rest with Canada's Attorney General. However, antitrust prosecutions typically are initiated only on the Commissioner's recommendation.

Competition Tribunal

The Competition Tribunal, a specialised adjudicator for reviewable practices, consists of both judicial and lay members. As such, the Tribunal is partly an expert body, although its role is purely adjudicative. The Tribunal has neither investigatory nor independent power to consider matters. Rather, the Commissioner must refers cases to the Tribunal only as a last resort. Only the Commissioner has standing to bring a case to the Tribunal.

Omar K Wakil

John F Clifford

Tel: +1 416 865 7008
Fax: +1 416 865 7048
e-mail:
wrowley@mcbinch.com
Website:
www.mcbinch.com/antitrust

As one of Canada's leading business law firms, McMillan Binch provides definitive legal advice in corporate, commercial and financial transactions. The firm's Competition Law Group is recognised nationally and internationally for its leading position in the Canadian market.