Bill C-59’s third wave of changes to the Competition Act passed

Bill C-59, the Fall Economic Statement Implementation Act (Bill C-59), received royal assent on June 20, 2024. The bill is part of the Government’s project to modernize the Competition Act (the Act) and represents the third wave of amendments to the Act, with the first passed in June 2022 and the second in December 2023.

In short, Bill C-59 will:

• Make substantial changes to the pre-merger notification and substantive merger review regimes;
• Make it easier for private litigants to bring cases to the Competition Tribunal (the Tribunal) to seek remedies for non-criminal conduct, including abuse of dominance;
• Establish new remedies available to such private litigants at the Tribunal, including monetary disgorgement;
• Broaden the types of anti-competitive collaborations that can be challenged civilly; and
• Expand the Act’s reach over greenwashing.

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