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 information 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. They say this protects whistleblowers and keeps companies cooperating with investigations.
Why This Matters
Ever been overcharged because companies secretly fixed prices? Section 36 of the Competition Act lets you sue to get your money back. But winning these cases is hard without evidence. This policy decides whether victims can access the government's investigation files—or have to build their case from scratch.
What Could Change
The Bureau could formalize its policy of refusing information requests from private plaintiffs. This would make it harder for class action lawyers to obtain evidence from government investigations. Alternatively, feedback could push the Bureau to create limited exceptions for sharing information after investigations close.
Key Issues
- Should the Bureau share investigation information with people suing companies for anti-competitive conduct?
- How should confidentiality for whistleblowers and leniency applicants be balanced against victims' need for evidence?
- Should the Bureau's resource costs be a factor in deciding whether to respond to information requests?
How to Participate
- Review the draft bulletin explaining the Bureau's position on information requests from private parties in damage recovery proceedings.
- Contact the Competition Bureau's Information Centre at 1-800-348-5358 or visit the Competition Bureau website to submit feedback.