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Excessive Pricing / Exploitative Abuse: Coming to America?

Steven Miller, James B Musgrove, Leah Brannon, Reiko Aoki, and Jan Hoeft

For decades one of the great Antitrust trans-oceanic divides between Europe and Asia, on the one hand, and North America, on the other, was whether abuse of dominance/monopolization theories could or should challenge “exploitation” of monopoly power – a price that is too high.  Well, exploitative abuse seems to be establishing a North American beachhead.  On November 30, 2023, the Parliamentary Committee considering amendments to Canada’s Competition Act proposed adding “imposing excessive and unfair selling prices” to the list of anti-competitive acts under the abuse of dominance provision.  Two weeks later, on December 15, 2023 Bill C-56 became law!  Is this a good idea, and is something like it coming to the United States any time soon?