What are exclusions and exceptions under a Chapter on Competition Policy?
• To date, no consensus has been reached in the Negotiating Group on Competition Policy (NGCP) as to the precise meaning of these two words. Canada recognizes that there can be legitimate domestic policy reasons for having exclusions and exceptions from a domestic competition law. For example, in the Canadian context, the Competition Act does not apply to agreements relating to collective bargaining, between or among fishermen or associations of fishermen, and between or among amateur sport clubs and leagues. • However, for a competition policy to be effective, it should apply generally to all commercial conduct. Exclusions and exceptions are not encouraged, and it is expected that they will only be maintained as long as necessary to achieve the objective(s) they were designed to achieve. Accordingly, countries should make exceptions and exemptions transparent and review them periodically to consider if they can be eliminated.
