Canada: Implemented section 90.1 of the Act to amend the Excise Tax Act and the Competition Act (C-56) concerning anti-competitive business collaborations

On 15 December 2024, the Act to amend the Excise Tax Act and the Competition Act (C-56) section 90.1 concerning anti-competitive business collaborations was implemented. The amendment changes the definition of "competitor" in Section 90.1 (11) to include a person who could reasonably be expected to compete with respect to a product in the absence of an agreement or arrangement. The amendments to the Competition Act extend the provisions on corporate collaborations such as joint ventures and strategic alliances. Previously, these provisions were limited to agreements between competitors. The new amendments now extend them to non-competitors if the agreement substantially prevents or reduces competition and a significant purpose of the agreement is to harm competition.