Introduction

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

1

CHAPTER 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 also 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 manner in which other government policies

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

ing in international fora.

Competition law and policy raise a fascinating blend of business,

consumer, economic, and legal issues. The legal issues may involve

criminal, constitutional, administrative, commercial, corporate, 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 in the hearing room in the context

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

ning process for commercial or competitive action, or in a legislative 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.