
Earlier this month, the Competition Bureau of Canada (the “Bureau”) released a report that looks at how Canada’s economy could benefit from pro-competitive regulatory reforms and reduced barriers to trade which could, in turn, help to improve productivity and living standards for Canadians.
While the initiative is not specific to intellectual property (IP), there are likely to be IP implications to possible pro-competition reforms that IP owners may wish to monitor. By way of example only, pro-competitive reforms could impact:
exclusive licensing arrangements,
self-regulatory regimes, and,
rights in data and databases (read our article on data portability)
The backgrounder “Study on the Economic Benefits of Pro-Competitive Reforms in Canada,” released on February 4, 2026 by the Bureau, provides a summary of an independent, peer-reviewed analysis of the economic effects of increased competition, and it signals a broader shift in Canadian competition policy, emphasizing regulatory design alongside enforcement.
The study aims to address productivity challenges in Canada. Using the OECD Product market regulation (PMR) indicators, it models the impact of reducing regulatory barriers in key sectors (which we will look at below) to match the most competition-friendly peer jurisdictions. Under these assumptions, the study estimates that the Canadian economy could increase up to 10 per cent in the long-term, improving living standards by $7,500 per Canadian.
This approach aligns with recent federal initiatives, including efforts to reduce internal trade barriers and promote data portability, and would appear to signal a sustained policy direction rather than a one-off exercise.
The Reform Lens: Competition Without Compromising Public Policy
The Bureau’s backgrounder draws on the OECD framework, which identifies four types of regulatory features that can sometimes limit competition. The study quantifies the potential economic gains if Canada reduced barriers in these areas to peer-country levels. The Bureau stresses that reforms can be pursued without undermining health, safety, environmental, or consumer protection objectives.
Market Participation: Limits on who can supply goods or services.
Potential reforms include:
Streamlining and harmonizing licensing or permit requirements; and
Reducing exclusive or monopoly rights that bar entry.
Competitive Conduct: Rules that limit how firms may compete.
Potential reforms include:
Reviewing and removing pricing and advertising restrictions that prevent better deals; and
Ensuring regulatory neutrality between existing players and new entrants.
Incentives to Compete: Regulations or exemptions that weaken competitive pressure.
Potential reforms include:
Reassessing sector-specific exemptions from competition law;
Reviewing self-regulated professional standards (e.g., fee guides and compensation structures) that restrict entry or mobility; and
Addressing regulatory or contractual barriers affecting labour mobility (e.g., the use of non-compete agreements).
Consumer Choice and Information: Barriers preventing consumers from effectively comparing options or switching providers.
Potential reforms include:
Enhancing transparency and disclosure requirements around pricing and service quality; and
Facilitating provider switching through consumer data rights initiatives (see also: our article on the Bureau’s recent study on data portability).
Sectors Most Likely to See Change
While the study is economy-wide, its focus on energy, transportation, retail distribution, professional services, and internal trade provides useful signals about reform priorities. These foundational sectors supply goods and services to other industries, so reforms could have cascading effects beyond the directly targeted areas.
Implications for Businesses and Looking Ahead
Pro-competitive reforms may affect both domestic and foreign companies operating in Canada. For example, reform may result in:
Increased entry from new competitors and greater scrutiny of licensing, exclusivity, and self-regulatory rules;
Regulatory changes supporting mobility, transparency, and consumer choice; and
Opportunities for foreign companies to scale nationally, rather than province by province.
At the same time, it appears possible that regulated sectors may see closer examination of whether existing restrictions remain justified by health, safety, or consumer protection objectives.
Overall, the Bureau frames pro-competitive regulatory reform as a long-term economic strategy, not a short-term policy fix.
You can read the full backgrounder here: Backgrounder: Study on the Economic Benefits of Pro-Competitive Reforms in Canada.
If you have any questions about pro-competitive reforms in Canada, and the implications for Intellectual Property owners, you can reach out to our Canadian Trademarks team.

