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CCCA_V6No4_CoverStory-FIN_CCCA 11/23/12 4:18 PM Page 23 When Melanie Aitken spoke, Cover corporate Canada listened. A look at the former Competition Bureau Commissioner’s tenure — and what lies ahead. Game changer very now and then, circumstances create a paradigm shift in both how the law is adminis- tered, and the resulting demands on Canadian business. It happened in 2009, when the fed- Eeral government decided to overhaul the Competition Act — and brought in a tough-as-nails competition commissioner to enforce the new rules. MelanieAitken didn’t waste any time getting down to business,bringing an unprecedented level of actions against companies big and small.On Sept.21,2012,she surprised many by officially step- ping down with almost two years left in her mandate. (Aitken says she is still in the process of deciding what’s next and that having a base in Washington D.C. has opened up “some unique opportunities.”) And while it’s still too early to determine her legacy, there is no question that the reverberations from the impact she made will be felt for years to come. Not only did she step up enforcement; she raised the profile of the Competition Bureau and sent a message to corporate Canada: she wasn’t afraid to take on anti-competitive conduct and do it in a very public way. “The bureau’s enforcement stance has been more aggressive than it had during the previous period,” says James Musgrove, a partner with McMillan in Toronto.“[It] has taken on more cases and it’s been more aggressive in seeking resolutions.” Aitken was chosen to lead the Competition Bureau after serving as interim commissioner fol- lowing the departure of Sheridan Scott in January 2009. She had joined the bureau during Scott’s mandate as assistant deputy commissioner of competition, mergers, in 2005, and was appointed senior deputy commissioner, mergers in May 2007. The Competition Act amendments marked a new direction in competition law and are crucial to understanding the full impact of Aitken’s tenure, legal experts say. “Melanie came into that role shortly after the amendments were enacted, and she had a very significant responsibility in terms of how to implement and enforce those amendments,” says Adam Fanaki, a partner with Davies Ward Phillips &Vineberg in Toronto (DWPV). “And when describing them publicly,Melanie would often state that she took those amendments to be a direction from Parliament toward a more vigorous enforcement of the CompetitionAct.That’s likely true as a lot of the legislative amendments were in the direction of making the law stricter By Pablo Fuchs HIVER 2012 CCCA Canadian Corporate Counsel Association 23