Does the Bureau provide opinions on whether ongoing or past conduct amounts to an “undue lessening”?
No. The Immunity Program is a mechanism for reporting illegal activity and is not designed as a means for the Bureau to provide advice or opinions about whether ongoing or past conduct contravenes the Act. Similarly, written opinions (binding opinions of the Commissioner issued pursuant to section 124.1 of the Act) are not available for conduct that has already commenced. If a party wants to seek advice on the applicability of the Act to proposed business conduct it may request a written opinion from the Commissioner. Written opinions are binding on the Commissioner if all the material facts have been submitted and those facts are accurate. The fees for written opinions are set out in the Bureau’s Fee and Service Standards Handbook.
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