Karsten Wenzlaff, Advisor
August 26th, 2025
Karsten Wenzlaff is a Crowdfunding and Fintech Expert from Germany. He is Secretary-General of Digit[...]
Competition Bureau Consultation: New Enforcement Guidelines
Competition | Oct 31, 2025
Competition Bureau Launches Consultation to Update Enforcement Guidelines and Strengthen Fair Market Practices
Today, the Competition Bureau of Canada released a new draft of "Anti-Competitive Conduct and Agreements Enforcement Guidelines" for the public and stakeholder consultation to be submitted by January 29, 2026. These guidelines are part of a larger effort to modernize how Canada enforces competition law, which directly affects fintechs, startups, and any business working to scale in today’s digital economy.
Why It Matters for Innovators and Growth Companies
The proposed guidance updates how the Bureau will interpret and enforce sections 75 to 79 and 90.1 (see Competition Act text), including key areas such as:
- Refusals to deal and exclusive arrangements
- Market restrictions and tied selling
- Abuse of dominance
- Civil agreements between competitors that may restrict competition
See: How Competition Powers Canada’s Economic Growth
It also consolidates older enforcement materials, including the now superseded 'Price Maintenance Guidelines' and 'Abuse of Dominance Guidelines' into a single updated document that reflects legislative amendments made between 2022 and 2025.
For fintechs, platform businesses, and other high-growth ventures, this kind of regulatory clarity matters. Whether you are entering a data-sharing agreement, challenging a gatekeeping incumbent, or navigating pricing structures, clearer enforcement guidance reduces ambiguity and legal exposure.
What’s New?
The draft guidelines account for several recent reforms to the Competition Act, including:
- A restructured test for abuse of dominance
- New scrutiny on certain business collaborations (even when parties are not direct competitors)
- An expanded ability for multiple provisions to apply in a single enforcement case
See: Regulating for Growth by Understanding Innovation
According to the Bureau, these updates are designed to reflect how competition issues appear in evolving markets, including digital services and platform ecosystems.
Real Impact from Public Input
In prior consultations, public feedback has directly influenced how the Bureau created its final guidance, whether on wage-fixing, platform conduct, or innovation impacts. Stakeholder input has led to more usable, grounded enforcement tools that reflect market realities.
This consultation is substantive. If your business model depends on partnerships, licensing, data access, or competition with larger players, this consultation is worth your attention.
How to Participate
- Deadline for submissions: January 29, 2026
- Read the draft guidelines
- Submit via email your input: cb.accaconsultation-bc.consultationcaac@cb-bc.gc.ca
The National Crowdfunding & Fintech Association (NCFA Canada) is a financial innovation ecosystem that provides education, market intelligence, industry stewardship, networking and funding opportunities and services to thousands of community members and works closely with industry, government, partners and affiliates to create aa vibrant and innovative fintech and funding industry in Canada. Decentralized and distributed, NCFA is engaged with global stakeholders and helps incubate projects and investment in fintech, alternative finance, crowdfunding, peer-to-peer finance, payments, digital assets and tokens, artificial intelligence, blockchain, cryptocurrency, regtech, and insurtech sectors. Join Canada's Fintech & Funding Community today FREE! Or become a contributing member and get perks. For more information, please visit: www.ncfacanada.org
 |  |  |
|---|---|---|
 |  |  |
Leave a Reply