Antitrust Law Daily Wrap Up, ANTITRUST NEWS: Canadian competition and procurement agencies to collaborate on cartel enforcement, (Sep 10, 2013)

By Tobias J. Gillett, J.D., LL.M.

The Canada Competition Bureau and the Department of Public Works and Government Services Canada (PWGSC) have signed a Memorandum of Understanding “to promote cooperation and coordination between” the agencies “in addressing possible cartel activity in procurement processes and real property processes under the responsibility of PWGSC,” the agencies have announced.

Under the agreement, described as “the first of its kind,” the agencies will focus on collaboration in enforcement, education and awareness, and sharing of resources and information. The Competition Bureau will inform PWGSC when it becomes aware of possible cartel activity with respect to a procurement process or real property process within the responsibility of the PWGSC and will consult with the PWGSC’s Special Investigation Directorate, Departmental Oversight Branch when it requires evidence from the PWGSC. In turn, the PWGSC will inform the Competition Bureau when it encounters possible cartel activity in relation to a procurement process or real property process, and may initiate an administrative review of any party suspected of engaging in such cartel activity.

The agencies also will coordinate with each other on the dissemination of anti-cartel and bid rigging messages to relevant stakeholders and PWGSC staff and establish a working plan for related activities and events. In addition, the agencies will cooperate on the sharing of resources and the exchange of information and will share information related to best practices in areas of mutual interest concerning procurement processes, real property transaction processes, and competition law.

“By working together to share resources, exchange knowledge and collaborate on training and awareness programs, both organizations will benefit from each other’s expertise and will enhance their ability to achieve their goals of preserving and promoting fair, efficient and competitive processes,” according to the agencies.

News: Antitrust