View source for Canada (July 4, 1952)

'''This page is currently under construction; please check back in mid August, 2008.'''
'''Score = '''

'''Governed by:''' 
* The Combines Investigation Act, 1923,<ref>Statutes of Canada, 1923, chapter 9</ref> as amended in 1935<ref>Statutes of Canada, 1935, chapter 54</ref> and 1952<ref>Statutes of Canada, 1952, ch. 39</ref> ("the Act").
* The Criminal Code of Canada, sections 498 and 498A, enacted as part of the 1952 amendment to the Combines Investigation Act ("498" and "498a").


{| class="wikitable"
|-
! Category !! Subcategory !! Score !! Comment

|- class="categorydivision"
| Scope
| Extraterritoriality
| 0
| 

|- class="categorydivision"
| Remedies
| Fines
| 1
| Article 32 of the Act provides for fines, as do 498(1) and 498A(1). 

|-
| 
| Prison Sentences
| 1
| Article 32 of the Act provides for prison sentences of up to two years, as do 498(1) and 498A(1).  

|-
| 
| Divestitures
| 1
| Article 31 of the Act allows a court to dissolve monopolies, trusts and mergers which violate the statute.

|- class="categorydivision"
| Private Enforcement
| 3rd Party Initiation
| 1
| Article 5 of the Act provides that any group of at least six Canadian citizens may initiate an investigation. 

|-
| 
| Remedies Available to 3rd Parties
| 0
| 
		
|-
| 
| 3rd Party Rights in Proceedings
| 0
| 

|- class="categorydivision"
| Merger Notification
| Voluntary
| 0
|  
		
|-
| 
| Mandatory
| 0
| 
			
|-
| 
| Pre-merger
| 0
| 
		
|-
| 
| Post-merger
| 0
| 
	
|- class="categorydivision"
| Merger Assessment
| Dominance
| 0
| 
			
|-
| 
| Restriction of Competition
| 1
| Article 2(1)(f) of the Act states that mergers which restrict competition may face penalties. 
			
|-
| 
| Public Interest (Pro D)
| 0
| 
			
|-
| 
| Public Interest (Pro Authority)
| 1
| Article 31 of the Act gives a court the right to dissolve mergers which function against the public interest. 
		
|-
| 
| Other
| 0
| 
	
|-
| 
| Efficiency
| 0
| 
	
|- class="categorydivision"
| Dominance
| Limits Access
| 0
| 
	
|-
| 
| Abusive Acts
| 1
| Article 2(1)(f) of the Act bans acts by monopolies which may be to the detriment of consumers or other producers. 

|-
| 
| Price Setting
| 1
|498A(c) bans setting prices too low to drive out competition.

|-
| 
| Discriminatory Pricing
| 1
| 498A(a) and (b) bans discriminatory pricing. 
		
|-
| 
| Resale Price Maintenance
| 
| 
			
|-
| 
| Obstacles to Entry
| 
| 
		
|-
| 
| Efficiency Defense
| 0
| 
	
|- class="categorydivision"
| Restrictive Trade Practices
| Price Fixing
| 1
| Article 2(1)(c) of the Act bans agreements which set prices (or resale prices). 498 also bans price setting (but not resale price setting). 
	
|-
| 
| Tying
| 0
| 
		
|-
| 
| Market Division
| 0
| 
		
|-
| 
| Output Restraint
| 1
| Article 2(1)(b) of the Act prohibits agreements which limit production, as does 498(c). 
	
|-
| 
| Market Sharing
| 0
| 
	
|-
| 
| Eliminating Competitors
| 1
| Article 2(1)(e) of the Act bans agreements which  prevent or lessen competition, as does 498(b).
			
|-
| 
| Collusive Tendering/Bid-Rigging
| 0
| 
	
|-
| 
| Supply Refusal
| 1
| Article 2(1)(e)of the Act prohibits arrangements which control supply. Article 2(1)(a) of the Act bans agreements which limit facilities for supply.
		
|-
| 
| Efficiency Defense
| 0
| 
		
|}

== References ==
<references />