Notice Re: Market Participant Offer Behaviour - Stakeholder Consultation

June 29, 2010

NOTICE TO MARKET PARTICIPANTS AND STAKEHOLDERS

Re: Market Participant Offer Behaviour – Stakeholder Consultation

On June 25 the MSA had a roundtable discussion with stakeholders on market participant offer behaviour.  The roundtable discussion was to give an opportunity for stakeholders to provide initial feedback on two discussion papers Foundational Elements (April 27, 2010), Analytical Framework (June 17, 2010) and on the preferred form and timetable for stakeholder consultation.

For those unable to attend the roundtable the MSA has provided an issue summary of the main points raised.  The MSA is now moving to start its formal stakeholder consultation process.  Based on feedback from the roundtable, written comments on both papers (collectively the ‘strawdog’) are requested by Friday July 30, 2010.  Comments should be sent via email to stakeholderconsultation@albertamsa.ca.  Stakeholders are encouraged to explore the literature referenced throughout both discussion papers.  (The MSA notes that in the second discussion paper footnote 7 on page 5 should refer to Competitor Collaboration Guidelines, Competition Bureau, December 2009, section 2.2 at page 10).  All comments are welcome, but as always, those supported by facts, evidence and analysis will be given more weight.

It was suggested at the roundtable that clarity might be enhanced if the draft guideline considered hypothetical examples.  The MSA agrees that this may be a practical approach where it is not possible to construct ‘bright lines’.  To this end the MSA would like stakeholders to propose example behaviours they believe would be helpful in adding clarity to the guideline.  In order to make the examples as useful as possible the MSA will work bilaterally with interested stakeholders to help refine examples for consideration at a workshop in late August / early September.

Expected timelines for the remainder of the consultation are set out in the attached schedule.

If you have comments or questions on any of the aspects described herein, please contact Harry Chandler (harry.chandler@albertamsa.ca, 403-233-4682) or Matt Ayres (matt.ayres@albertamsa.ca, 403-705-3182).

Matt Ayres

Created: 6/29/2010