Competitors may meet for many legitimate pro-competitive purposes, including in relation to joint ventures or trade associations and similar activities. However, meetings between competitors can raise significant competition law issues, including the formation of illegal agreements or other conduct that violates the federal Competition Act. For example, the Competition Act makes it a criminal offence for two or more competitors to enter into an agreement or arrangement to fix prices, divide/allocate markets or restrict output.
Based on the potential risks, Energy Futures Lab participants must not become involved in any communications or agreements that might lead to Competition Act concerns while participating in Energy Futures Lab meetings or events, including in-person and virtual meetings.
Energy Futures Lab assists innovators and leading organizations to work together to advance innovative and pro-competitive energy initiatives and solutions aligned with its 2050 vision for Canada’s energy future. As such, Energy Futures Lab is committed to compliance with both the letter and spirit of the Competition Act and has taken measures to ensure that its meetings and events do not involve anti-competitive conduct or the appearance of anti-competitive conduct. All committees, Fellows, and groups must act in accordance with the Competition Act as a condition of their relationship with the Energy Futures Lab.
The Competition Act Compliance Policy will be followed for all Energy Futures Lab meetings and events. There will be no discussions of topics that might lead to competition law concerns, such as pricing, markets, output or competitive tenders. It is also your obligation to ensure that you do not engage in similar discussions outside formal meetings, or on the fringes of Energy Futures Lab meetings or events, that could raise competition law issues.
In the event that a specific joint venture or other collaboration is being contemplated by Energy Futures Lab participants, Energy Futures Lab will implement guidelines for the discussion and development of the joint venture or collaboration to minimize potential competition law risk.