Canada's Competition Policy Revisited

Irving Brecher in this pamphlet presents the recent history of competition policy in Canada as one of incessant missed opportunities for reform. Whenever the government was in a position to improve competition policy, circumstances both within and beyond its control occurred to defeat or limit any real progress. Brecher blames these failures on an unsupportive cabinet and an apathetic academic community. He argues that because the government and academics failed to articulate their position the opponents of reform were allowed to create and nurture misperceptions about the law and any suggested changes. These misrepresentations condemned any movement toward reform to failure. Brecher presents support for this thesis by demonstrating how any significant development in competition policy reform, from the MacQuarrie Report of the 1950s to the Stage II amendments of today, has been plagued with this recurring problem. Each chapter then deals with a particular event by summarizing the changes that were suggested and describing the reactions of those directly affected. The essay is an excellent chronicle of the events leading up to the present state of competition policy but as evidence supporting a more complex argument it is inadequate. Brecher's treatment of many of the developments poses more questions than it answers. The necessary condensing of thirty years of legislation and debate into 56 pages leaves one with the unfortunate and erroneous impression that perhaps a valid argument in favor of reform does not exist. For the question 'If the case for reform is so strong, why does Brecher speak in such generalities, never dealing in specifics?' was always present. The answer, of course, is that the information contained in the essay contributed to a comprehensive general survey, but lacks the necessary detail and depth to substantiate a more involved argument without creating this misunderstanding. Ironically, this essay may contribute additional ammunition for the opponents of competition policy to add further confusion and misinterpretation. To sum up, the essay is an excellent summary of how competition policy has reached its present state and could be strongly recommended to anyone interested in the historical development of the law. But, as an explanation of why it has taken the course it has, the argument is unconvincing. The author's attempt to extend his essay beyond the very good summary that it is damages what would otherwise be an excellent piece of work

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