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 harmed by price-fixing or other illegal conduct, you can sue for damages—but the Bureau won't hand over evidence it collected. They say this protects whistleblowers and keeps investigations confidential.
Why This Matters
Ever been overcharged because companies secretly fixed prices? You can sue them for damages. But getting evidence is hard—and the Competition Bureau won't share what it knows. This policy affects whether victims of price-fixing, bid-rigging, or other anti-competitive schemes can actually win their cases.
What Could Change
The Bureau could maintain its current stance of refusing to share investigation files with private plaintiffs. Alternatively, it could create exceptions for certain types of cases or establish clearer guidelines for when information might be released. Class action lawsuits against price-fixers would be directly affected.
Key Issues
- Should the Bureau share investigation evidence with people suing companies for anti-competitive conduct?
- How should the Bureau balance confidentiality for whistleblowers against helping victims recover damages?
- Should public interest privilege continue to protect all Bureau investigation files from disclosure?
How to Participate
- Review the draft bulletin explaining the Bureau's position on sharing information with private plaintiffs.
- Contact the Competition Bureau's Information Centre at 1-800-348-5358 or through their contact form to provide feedback.