Brief | CAMP 2024 Annual Highlights
2024 was another banner year for competition in Canada. With a second round of reforms to the Competition Act, the launch of a number of important competition law investigations, and a growing recognition of Canada's monopoly problem, Canada is beginning to turn the corner on competition.
Looking back on a critical year for the future of competition in Canada, CAMP has put together a brief summarizing our work in the anti-monopoly fight in 2024.
You can find CAMP's 2024 Annual Highlights here
Letters: A Most Anti-Monopoly Year
December 22, 2024Welcome to Letters from CAMP, a newsletter on anti-monopoly activity in Canada and abroad, brought to you by the Canadian Anti-Monopoly Project. In this installment we have:
As we close out 2024, CAMP remains committed to the fight against monopoly and for the good of everyday Canadians. Letters from CAMP will be off next week but we wish you a happy holiday and look forward to seeing you in the new year. Now let’s dive in.
The End of the Beginning: Looking Back on the First Year of a New Era in Competition Policy2024 marked a transformative year in Canadian competition policy, with major reforms to Canada’s previously pro-monopoly laws coming into effect on the back of unanimous support from federal lawmakers. But laws are only as good as their enforcement, and expectations are high for the Competition Bureau to deliver results for Canadians. Thankfully, there are early signs that the Competition Bureau is meeting the moment. Closing out the year, CAMP has put together a factsheet summarizing all of the major competition law and policy activity coming out of our federal competition cop, and it’s a long list. Among the year’s major milestones: investigations into the country’s largest grocers, Loblaw and Sobeys, for property controls limiting grocery competition, and an inquiry into whether software company Kalibrate’s gas pricing tools are enabling collusion at the pump. The Bureau also launched a landmark lawsuit against Google for abusing its dominance in online advertising, a $15 billion market that allows businesses across the country to connect with their customers. These cases underscore a significant shift in the focus of the enforcer, who eight years ago was going to the mat for competition in in-flight meals out of the Vancouver airport. Beyond just investigations, the Bureau also scored high-profile wins for consumers, with Cineplex paying a $39 million fine for deceiving customers over ticket pricing online. Though 2024 lacked a major merger challenge, the Bureau came out publicly against the merger of agribusiness giants Viterra and Bunge, a deal that will raise costs for Canadian farmers and is still waiting for a final decision from the Minister of Transport. On the advocacy front, the Bureau pushed for open banking, the right to repair, and against preferred provider networks that allow insurance companies to limit where consumers can access needed medications. The Bureau also opened the first market study under its new information gathering powers into competition in Canada’s duopoly airline market (you can read CAMP’s submission to that market study here). With major legislative reforms behind it, it’s clear that the Bureau’s focus is shifting from building capacity to delivering results. While this progress is encouraging, much remains to be done. This new era of competition enforcement comes at a critical moment, with inflation and economic concentration squeezing households and businesses alike. CAMP will continue to hold the Bureau accountable, ensuring it doesn’t falter under pressure from big business and their cheerleaders. 2025 is on the horizon, and while the momentum is undeniable, so too are the stakes. Echoing the words of Canada’s Commissioner of Competition, “buckle up.” 📰 CAMP in the News 📰
A Corporate Christmas Wish for More Merger ManiaAs Canada’s competition laws have been strengthened, corporate pushback is emerging as an inevitable counterweight. The frontline of this is and always has been those who profit from lax antitrust laws: corporate lawyers. Especially prosaic commentary this week from law firm Stikeman Elliott is a perfect example. The piece calls recent reforms an overreach and portrays the Bureau as an overzealous regulator wielding unchecked power, along with references to Martin Luther, medieval plagues, and high priests. Even lawyers get to have a little fun every once and awhile it seems. The article highlights the tension between Canada’s M&A hungry corporate law community and the interests of everyday Canadians and their elected lawmakers who have moved decisively to empower Canada’s Competition Bureau. Corporate lawyers need mergers to keep the bill rates high and Canadians need competition laws to protect us from the neverending waves of consolidation cooked up in corporate boardrooms. While the prose is flowery, the underlying message of the piece is a dangerous one: the Competition Tribunal, Canada’s competition court led by three federal judges, should be a bulwark against the democratic forces pushing for stronger competition law. Having lost the battle to convince lawmakers, corporate lawyers are willing to put the courts on a crash course with the will of Parliament to keep deals flowing. CAMP welcomes these views as both a sign of progress as well as a clear statement of the intentions of Canada’s corporate law community. When the handmaidens of monopoly start calling for the referee, it means the game is getting fairer. But this kind of pushback cannot be shrugged off. While this is just one article, it rests on the shoulders of an army of six figure incomes looking to kneecap Canada’s competition law in 2025. 📚 What We’re Reading 📚
Trailblazing U.S. DOJ Antitrust Chief Jonathan Kanter Bids FarewellWe’re not crying, you’re crying. In his farewell address this week, U.S. Assistant Attorney General for Antitrust Jonathan Kanter delivered a powerful reminder of why we care about competition policy. A dedicated and experienced attorney, Kanter’s speech sends a strong message that antitrust is not about abstract market theories, but about improving the lives of real people. Recounting stories from rural communities struggling under corporate concentration and monopolistic practices, Kanter reminds us that the real constituency of competition policy is not lawyers and economists but every worker, producer, and consumer in our economy. It is impossible to overstate the achievements during Kanter’s three year tenure. Under Kanter’s leadership, the DOJ achieved historic victories, from tackling Big Tech monopolies like Google, protecting authors and readers from further consolidation in the book market, to going after price gougers in the grocery space. But Kanter’s speech is not an exercise in resting on his laurels. Kanter frames antitrust as a cornerstone of democracy, calling corporate concentration a modern-day form of tyranny that stifles freedom and opportunity. Kanter reminds us that the Sherman Act in the U.S. was designed not just to lower prices but to prevent “a king over the necessaries of life.” Kanter’s tenure helped revitalize the “why” behind antitrust, showing how enforcement can dismantle barriers to innovation, protect workers, and restore hope in the American dream. But Americans should not have a monopoly on that vision. In Canada, similar challenges demand a people-centered approach to competition policy, and similar rewards are within our reach. The team at CAMP is sad to see Kanter go, but the example he set of antitrust for real people is just getting started. If you have any monopoly tips or stories you'd like to share, drop us a line at hello@antimonopoly.ca
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Factsheet | In 2024, Canada's Competition Bureau Put New Powers to Work Protecting Canadians
The Competition Bureau, led by Commissioner Boswell, is beginning to turn the page on Canada’s pro-monopoly past. Empowered by new laws granted with unanimous support from federal MPs, the Bureau is acting to protect competition on several fronts across the Canadian economy. A revitalized Competition Bureau promoting fair, free, and democratic markets means better outcomes for consumers and workers, and that new entrants and entrepreneurs can thrive despite historic levels of economic concentration.
Though this work is just beginning, the list of important enforcement and advocacy activity is growing. As 2024 comes to a close, CAMP has pulled together a list of ongoing competition law and policy action at the federal level. Over the past year the Bureau has:
Investigated practices that raise the cost of living
- Launched an investigation into Loblaws and Sobeys, two of Canada’s largest grocers, for their use of property controls that limit where competing grocers can set up shop across the country
- Launched an investigation into Kalibrate, a firm offering pricing software to gas stations, for possibly facilitating price collusion at the pump
- Launched an investigation into practices by the Canadian Real Estate Association that may have reduced competition for commissions paid on home purchases
- Launched an investigation into software conglomerate Dye & Durham for alleged anti-competitive activity in the market for real estate conveyance software
- Launched an investigation into Broadridge Software for anti-competitive practices in the market for software used by broker-dealers trading financial securities
Protected consumers from deception
- Secured a $39 million dollar fine against movie theatre monopoly Cineplex for deceiving customers over the true cost of tickets bought online
- Advanced an investigation of Amazon’s practices related to reviews and ratings and their influence on how products are displayed on the platform
- Launched an investigation into furniture companies Leon’s and The Brick for alleged deceptive marketing practices related to their representations of sale prices
- Secured a $3.3 million dollar fine against SiriusXM Canada for misrepresenting the true price of satellite radio and streaming subscriptions
Put Big Tech on trial
- Sued Google for abusing its dominance in online advertising, a $15 billion market that businesses across the country depend on to reach their customers
Prevented further concentration of the Canadian economy
- Came out against the proposed merger of agribusiness giants Viterra and Bunge on the grounds that the acquisition would raise costs for Canadian farmers
- Successfully challenged Secure Energy’s acquisition of Tervita after the firm’s appeal of the Competition Tribunal decision was dismissed by the Supreme Court
Advocated for more competition in Canada
- Launched the first market study with new powers to compel information into Canada's duopoly airline market
- Advocated for more competition in the banking sector through consumer-driven banking and making it easier for mortgage borrowers to switch banks when refinancing
- Issued draft guidance on property controls indicating a strong stance against restrictions that limit potential competition in markets like grocery and retail
- Advocated to the Ontario government against preferred provider networks that limit consumer choice when it comes to getting the medication Canadians need
- Advocated for expanded access to pet medications at pharmacies amid the rising cost of keeping our pets healthy in Canada
- Advocated for strengthening consumer’s right to repair and for policy makers to treat justifications that limit repairability with skepticism
Ensured value for money on public contracts
- Secured a $1.5 million fine and one year of house arrest against a road construction company for bid-rigging public sector contracts in Quebec
- Secured a 14 month conditional sentence against an engineering executive charged with bid rigging on public sector contracts in Quebec City
A new era of competition is beginning in Canada, and the Competition Bureau is well-placed to respond to Canada's monopoly moment. CAMP looks forward to this list of accomplishments growing in 2025 and to holding regulators accountable to protecting Canadians when they need it most.
‘Potato cartels’ and competition in Canada; Manitoba tries to recruit U.S. doctors worried about Trump; and scientists warn of ‘mirror life’
The Current hosted by Matt Galloway
Keldon Bester and Vass Bednar discuss groceries to air travel to phone providers, many services in Canada are controlled by just a handful of companies. They look at why that lack of competition has been able to take hold, and what can be done to get a better deal for consumers.
Brief | Connecting Canadians: CAMP's submission to the Competition Bureau's study of airline competition
Canada is a country built on the movement of people, goods, and ideas across great distances. As one of the most geographically vast and least densely populated countries in the world, Canada has unique challenges in meeting its transportation needs, and air travel is a core component of doing so.
But today Canadians are not well served by a duopoly market increasingly dividing the country between two players. Without a change in trajectory, communities in Canada will increasingly resemble islands isolated from the rest of the country at great economic and social cost.
Canadians deserve an air transportation system that provides safe, affordable, and reliable access to communities across the country. In a submission to the Competition Bureau's study of airline competition in Canada, CAMP lays out potential policy directions for a fairer and more competitive air travel industry.
Read the full submission here
Letters: Break Up Interac?
December 15, 2024Welcome to Letters from CAMP, a newsletter on anti-monopoly activity in Canada and abroad, brought to you by the Canadian Anti-Monopoly Project. In this installment we have:
Let's dive in.
Getting Results: Interac Levels Playing Field Amid Antitrust ScrutinyInterac, the backbone of Canada’s e-transfer system, is pivoting from volume-based pricing that had long-favoured incumbents to a flat-fee model under mounting pressure from lawmakers. The move comes after MPs, led by Conservatives Michelle Rempel Garner and Adam Chambers, highlighted fee disparities where larger banks pay as little as six cents per transfer while smaller players pay up to 43 cents. This tiered pricing has drawn criticism from competing financial institutions for reinforcing the dominance of Interac’s founders and board members: Canada’s biggest banks. Following parliamentary scrutiny, the Competition Bureau confirmed it had opened an investigation into Interac’s practices, continuing a decades-long history between the payments system and Canada’s competition law. While a positive development, the move has correctly been seen as a defensive measure to forestall more structural changes like a break up between Interac and the big banks. Thankfully, federal MPs understand the conflict of interest at the heart of the Interac model. When the big banks own the rails, they will always have the incentive to disadvantage companies who rely on the same system to compete for customers. Lawmakers and regulators have tangled with this tension over infrastructure for decades in finance, telecommunications and transportation. Each time the lesson is the same: fair and open access to infrastructure is the surest way to support real competition and sometimes separations are necessary. CAMP is glad to see MPs keeping up the heat on such an important part of the financial system. The benefits to competition of a break up of Interac should be seen as a model for reform for other oligopolized sectors across the economy. While incremental reform can deliver results, durable monopolies will require more decisive action to unlock competition. 📚 What We’re Reading 📚
The State of Play in Canada's Network Media EconomyEvery year, the Global Media and Internet Concentration (GMICP) paints a vivid picture of the ongoing upheaval in Canada’s network media economy, where digital markets thrive while legacy media like cable TV and newspapers continue their decline. With a laundry list of statistics and market figures, the report charts important trends and serves as a rich resource for researchers and the interested public. Just one example: last year, telecom and internet services raked in $68.8 billion—more than double the combined revenues of digital and traditional content sectors. But despite this explosive growth, the dominance of telecom giants like Rogers and Bell looms large. These companies not only control the infrastructure underpinning digital platforms but also have a stranglehold on traditional broadcasting markets. The situation in the digital ad market, valued at $16.6 billion, is even more extreme. Revenue in the sector is overwhelmingly captured by global tech giants like Google and Meta, leaving Canadian media fighting for scraps. As digital and telecom industries converge, the risks of anti-competitive cooperation grow. The report warns of a “dance of titans,” where telecom and tech giants jockey for dominance, often at the expense of consumers and smaller competitors. Unless we turn the tide, the concentration of power in the network media economy risks undermining the very democracy it has long served to support. 📰 CAMP in the News 📰
FTC Notches Another Win With Kroger-Albertsons Merger BlockAs Lina Khan’s term as Chair comes to a close, the FTC cannot stop winning. Successfully halting the $25 billion Kroger-Albertsons merger this week, the agency notched a major win for American shoppers and independent suppliers. The decision, which cited significant risks to competition in over 1,000 communities, marks a critical victory for consumers still struggling with inflated grocery prices. In the past, Canadian enforcers have settled for remedies that allowed the merger to proceed with a handful of stores sold off to competitors, leaving the country with fewer choices overall. In blocking the merger outright, the FTC made a strong defense of competition when consumers need it most. But this victory comes at a moment of potential upheaval. The announcement of Andrew Ferguson as the next FTC Chair under President-elect Donald Trump signals a shift in the agency’s direction. A former Virginia solicitor general and Republican FTC commissioner, Ferguson has criticized Khan’s antitrust agenda as overreaching and vowed to adopt a more "pro-business" stance. His appointment raises questions about the fate of the FTC's pending cases against Amazon and Meta, as well as broader efforts to curb monopolistic practices. Ferguson’s agenda emphasizes fighting "woke" corporate policies and censorship, particularly targeting social media platforms for alleged suppression of conservative viewpoints. This tilt could deprioritize battles that benefit consumers and workers in favour of those that seek to score political points. Given the habit of regulators taking cues from peers, the direction of Ferguson’s leadership will have ripples beyond the U.S. The coming months will reveal whether the FTC’s hard-won momentum against corporate giants can endure this leadership change—or if the fight for fair competition will face new hurdles. If you have any monopoly tips or stories you'd like to share, drop us a line at hello@antimonopoly.ca
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