Should the Competition Bureau Share Information with Private Lawsuit Plaintiffs?
Official title: Information Requests from Private Parties in Proceedings for Recovery of Loss or Damages
The Competition Bureau is asking for feedback on its policy of refusing to share investigation files with people suing companies for anti-competitive behaviour. Right now, if you're part of a class action against a price-fixing cartel, the Bureau won't hand over evidence it collected—even if it could help your case. The Bureau says this protects whistleblowers and keeps companies cooperating with investigations.
Why This Matters
Ever been overcharged because companies secretly fixed prices? This affects whether victims can actually get their money back. Class action lawyers say they need the Bureau's evidence to prove their cases. But the Bureau worries that sharing files would scare off whistleblowers who help catch cartels in the first place.
What Could Change
The Bureau could formalize its policy on refusing information requests from private litigants. This would make it harder for class action plaintiffs to access Competition Bureau evidence. Alternatively, feedback could lead to more flexibility in sharing information after investigations close.
Key Issues
- Should the Bureau share investigation files with people suing for damages from anti-competitive conduct?
- How should the Bureau balance protecting whistleblowers against helping victims recover losses?
- Should the Bureau's position differ for closed versus ongoing investigations?
How to Participate
- Read the draft bulletin explaining the Bureau's position on information requests.
- Contact the Competition Bureau to submit your feedback on the draft policy.