Should the Competition Bureau Change How It Grants Immunity to Companies That Report Price-Fixing?
Official title: Competition Bureau invites feedback on revisions to its Immunity Program
The Competition Bureau asked for feedback on its Immunity Program—the rules for when companies that confess to illegal price-fixing or bid-rigging can avoid prosecution. This consultation closed in January 2018. The program rewards the first company to come forward with evidence of cartels, encouraging whistleblowing on secret deals that hurt consumers.
Why This Matters
Ever wonder why gas prices seem to move in lockstep? Or why bids on government contracts sometimes look suspiciously similar? Price-fixing cartels cost Canadians billions in higher prices. This program is how the government catches them—by offering a deal to the first company willing to rat out its co-conspirators.
What Could Change
The rules for corporate immunity could be tightened or loosened. Stricter requirements might mean fewer companies qualify for immunity but stronger evidence in prosecutions. Looser rules could encourage more whistleblowing but let some bad actors off easier.
Key Issues
- What requirements should companies meet to qualify for immunity from prosecution?
- How should the 'first-in' approach work for companies racing to report cartels?
- What cooperation should be required from companies and their employees throughout investigations?