I completely agree with Professor Iacobucci and Professor Ross that this is an important area and that, increasingly, when we consider the size of certain global firms and combinations of firms, there is going to be a global dimension and you have to be able to deal with that.

I don't know that I have a magic solution to propose except to say that the Competition Bureau does co-operate and regularly collaborate. Over and above individual cases, they are part of the International Competition Network. They collaborate via the OECD and other mechanisms. There's a compendium of authorities that recently published two reports—I don't think there's a third one—on the realities of digital markets and they compare practices. It's not just investigation-specific. It's also the larger conversation about where the problems are and what techniques we can use, because that may prevent up front some of the alignment problems that occur later.

I totally understand where Professor Iacobucci is coming from. The challenge is that every country will have things that it's particularly fussy about. One of the reasons you have to have your own domestic policy—and I think Professor Ross is right on this—is that you do need to identify up front what things you can't give up. What things are so important to us as a nation that, even if others say they're okay with these things, we're going to stand up for them? I can't make that list for you, but it is an important thing to keep in mind to ask. When we object to mergers, what things are we paying attention to? That might be specific.

In terms of tools, you have structural remedies and behavioural remedies. There are risks with behavioural remedies, because you have to keep tabs on them. I would say the complement to this—and I'll stop on that—is that you have to make sure your bureau is well resourced and has a strong, independent mandate.

To chime in on the question that I didn't get to answer, I believe that an increased separation of the bureau from ISED would be a very positive step. I do not like political interference in competition enforcement as a general rule.

Transcript

Discussions (0)