Introduction

• Author: John S. Tyhurst
• Pages: 1-13

1

C H A P T E R 1

INTRODUCTION

A. COMPETITION LAW AND POLICY

This book is about Canadia n competition law, which is found primarily

in the provisions of the federal Competition Act a nd related jurispr udence

addressing competitive behaviour in the economy.1 While this book is

focused on the law, the discussion als o touches on topics related to the

broader subject of competition policy, which is a branch of economic

policy concerned with the way competition legislation is designed and

implemented, how market competition can play a role in the operation

of regulatory schemes, the m anner in which other government policies

may aect the competitive market system, and competit ion issues aris-

ing in international fora.

Competition law and policy raise a fa scinating blend of business,

consumer, economic, and legal issues. The legal issues may i nvolve

crim inal, constitut ional, ad ministrative, commerci al, corp orate, tort,

and contract law. It is an area where consumers, businesspeople, law-

yers, economists, and policy makers often engage in a multi-d isciplinary

dialogue. That exchange may occur i n the hearing room in the context

of a contested case, in the board room as part of an advisory or plan-

ning process for commercial or competitive action, or in a legisl ative or

1 Competition Act, RSC 1985, c C-34 [Act]; also re civil adjudic ation, procedure,

and remedies, s ee the Competition Tribunal Act, RSC 1985, c 19 (2nd Supp) and

regulations thereunder.