The Competition Bureau is seeking public feedback on its proposed Anti-Competitive Conduct and Agreements Enforcement Guidelines.
The bureau updated the guidelines after the Competition Act underwent major amendments between 2022 and 2025. The new guidance builds on the previous one and focuses on Competition Act sections 75-79 and 90.1, which addresses anti-competitive conduct and agreements.
The draft guidelines clarify how the Act’s ACCA provisions are enforced. They replace the Abuse of Dominance Enforcement Guidelines, sections of the Competitor Collaboration Guidelines applicable to the Competition Act’s ACCA provisions, and the Price Maintenance Guidelines.
The Act changes which drove the updating of the guidelines include:
- The legal test for an abuse of dominant position was restructured and the coverage of anti-competitive conduct’s definition expanded
- The scope of reviewable business collaborations was expanded, the applicable legal tests revised, and tools added for remedy
- Limits on accepting cases under multiple Competition Act section were eliminated
The updated guidelines define market power and how the bureau assesses it; outlines the theory of how conduct and agreements can interfere with the competitive process; the analysis of conduct and agreements’ competitive effects; and the remedy under anti-competitive conduct and agreements. The guidelines also explains how the Competition Act’s ACCA provisions could apply to conduct or agreements involving the following:
- Exclusive dealing
- Tying and bundling
- Refusals to supply
- Self-preferencing
- Input pre-emption
- Contracts referencing rivals
- Market restriction
- Price maintenance
- Below-cost pricing
- Margin squeezing
- Excessive and unfair pricing
- Information sharing
- Disciplinary conduct
- Competitor agreements
- Acquisitions
Nonetheless, the guidelines do not impact mergers, criminal agreements, and intellectual property as separate guidelines are being drafted for these.
The Anti-Competitive Conduct and Agreements Enforcement Guidelines will be finalized following the consultation period that ends January 29, 2026. Canadians may submit inputs to [email protected].
Feedback will be published on the Competition Bureau’s website unless a request for confidentiality is made.