Previously, we examined how the Competition Act may deter or penalize collaboration on environmental issues, restricting industry-wide approaches and other agreements among competitors to pursue sustainability and reduce climate change impacts. Legislative changes should be considered to address this policy conflict and turn Canadian competition law into an enabler of collaborations that promote sustainability.
In order to fully address the uncertainty and potential chilling effects of the conspiracy offence and private right of action to recover damages on sustainability collaborations, the exemption for environmental agreements – removed from the conspiracy offence when the Competition Act was amended in 2009 – should be re-introduced and upgraded.