Draft ''Information Bulletin on the Communication and Treatment of Information under the Competition Act'' Released for Comment
Vicky Eatrides
The Competition Bureau (the Bureau) is seeking public comment on a revised "Information Bulletin on the Communication and Treatment of Information under the Competition Act (Draft for Consultation, August 2005)". As the original policy was introduced in 1995, the revised bulletin reflects amendments made to the Competition Act (the Act) in 2002. The Bureau notes, in particular, that section 29 of the Act also protects information provided voluntarily pursuant to the Act, rather than only protecting information obtained using formal powers, as had previously been the case.
The revised bulletin also provides examples illustrating when, in the Bureau's view, information can be communicated to third parties under the various exceptions to section 29. It also clarifies the treatment of information when it is communicated to or received from foreign authorities. Finally, the revised bulletin includes a section discussing other matters where the treatment of information is of concern; for example, the Bureau's Immunity Program, the whistle-blowing provisions, binding written opinions, the right of access to records, requests under the Access to Information Act, private actions for damages and private access to the Competition Tribunal.
The Bureau will accept comments on the revised bulletin until December 2, 2005
