Canada (July 4, 1952) - Revision history

HCargill at 19:47, 24 July 2008

2008-07-24T19:47:28Z

← Older revision		Revision as of 19:47, 24 July 2008
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	~~'''This page is currently under construction; please check back in mid August, 2008.'''~~
	'''Score = 13'''		'''Score = 13'''

HCargill at 19:47, 24 July 2008

2008-07-24T19:47:02Z

← Older revision		Revision as of 19:47, 24 July 2008
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	'''This page is currently under construction; please check back in mid August, 2008.'''		'''This page is currently under construction; please check back in mid August, 2008.'''
	'''Score = '''		'''Score = 13'''

	'''Governed by:'''		'''Governed by:'''

HCargill at 19:46, 24 July 2008

2008-07-24T19:46:32Z

← Older revision		Revision as of 19:46, 24 July 2008
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	\| 3rd Party Initiation		\| 3rd Party Initiation
	\| 1		\| 1
	\| Article 5 of the Act provides that any group of at least Canadian citizens may initiate an investigation.		\| Article 5 of the Act provides that any group of at least six Canadian citizens may initiate an investigation.

	\|-		\|-
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	\| Restriction of Competition		\| Restriction of Competition
	\| 1		\| 1
	\| Article 2(a)(~~3)(v~~) states that mergers which restrict competition may face penalties.		\| Article 2(1)(f) of the Act states that mergers which restrict competition may face penalties.

	\|-		\|-
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	\|		\|
	\| Public Interest (Pro Authority)		\| Public Interest (Pro Authority)
	\| 0		\| 1
	\|		\| Article 31 of the Act gives a court the right to dissolve mergers which function against the public interest.

	\|-		\|-
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	\|- class="categorydivision"		\|- class="categorydivision"
	\| Dominance~~<ref>in section 2a of the 1923 Act, acts against public interest by monopolies are prohibited, but no actual acts which would be contrary to the public interest are specified</ref>~~		\| Dominance
	\| Limits Access		\| Limits Access
	\| 1		\| 0
	\|		\|

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	\| Abusive Acts		\| Abusive Acts
	\| 1		\| 1
	\| Article 2(a) bans acts by monopolies which may be to the detriment of consumers or other producers.		\| Article 2(1)(f) of the Act bans acts by monopolies which may be to the detriment of consumers or other producers.

	\|-		\|-
	\|		\|
	\| Price Setting		\| Price Setting
	\| 0		\| 1
	\|		\|498A(c) bans setting prices too low to drive out competition.

	\|-		\|-
	\|		\|
	\| Discriminatory Pricing		\| Discriminatory Pricing
	\| 0		\| 1
	\|		\| 498A(a) and (b) bans discriminatory pricing.

	\|-		\|-
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	\| Price Fixing		\| Price Fixing
	\| 1		\| 1
	\| Article 2(a)(~~3)(iii~~) bans agreements which set prices (or resale prices).		\| 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).

	\|-		\|-
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	\| Output Restraint		\| Output Restraint
	\| 1		\| 1
	\| Article 2(a)(~~3)(ii~~) prohibits agreements which limit production.		\| Article 2(1)(b) of the Act prohibits agreements which limit production, as does 498(c).

	\|-		\|-
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	\| Eliminating Competitors		\| Eliminating Competitors
	\| 1		\| 1
	\| Article 2(a)(~~3)(v~~) bans agreements which prevent or lessen competition.		\| Article 2(1)(e) of the Act bans agreements which prevent or lessen competition, as does 498(b).

	\|-		\|-
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	\| Supply Refusal		\| Supply Refusal
	\| 1		\| 1
	\| Article 2(a)(~~3)(v~~) prohibits arrangements which control supply. Article 2(a)(~~3)(1~~) bans agreements which limit facilities for supply.		\| 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.

	\|-		\|-

HCargill at 19:22, 24 July 2008

2008-07-24T19:22:31Z

← Older revision		Revision as of 19:22, 24 July 2008
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	\| Fines		\| Fines
	\| 1		\| 1
	\| Article ~~26(a)~~ provides for fines ~~of up to $10~~,~~000 for individuals, $25,000 for corporations~~.		\| Article 32 of the Act provides for fines, as do 498(1) and 498A(1).

	\|-		\|-
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	\| Prison Sentences		\| Prison Sentences
	\| 1		\| 1
	\| ~~26(a)~~ provides for prison sentences of up to 2 years.		\| Article 32 of the Act provides for prison sentences of up to two years, as do 498(1) and 498A(1).

	\|-		\|-
	\|		\|
	\| Divestitures		\| Divestitures
	\| 0		\| 1
	\|		\| Article 31 of the Act allows a court to dissolve monopolies, trusts and mergers which violate the statute.

	\|- class="categorydivision"		\|- class="categorydivision"
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	\| 3rd Party Initiation		\| 3rd Party Initiation
	\| 1		\| 1
	\| Article 5 of the Act provides that any group of at least ~~6 British subjects who are~~ Canadian ~~residents~~ may initiate an investigation.		\| Article 5 of the Act provides that any group of at least Canadian citizens may initiate an investigation.

	\|-		\|-

HCargill at 19:13, 24 July 2008

2008-07-24T19:13:29Z

← Older revision		Revision as of 19:13, 24 July 2008
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	'''This page is currently under construction; please check back in mid August, 2008.'''		'''This page is currently under construction; please check back in mid August, 2008.'''
	'''Score = 9'''		'''Score = '''

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

HCargill: New page: '''This page is currently under construction; please check back in mid August, 2008.''' '''Score = 9''' '''Governed by:''' * The Combines Investigation Act, 1923, as amended in 1935 and ...

2008-07-24T19:10:05Z

New page: '''This page is currently under construction; please check back in mid August, 2008.''' '''Score = 9''' '''Governed by:''' * The Combines Investigation Act, 1923, as amended in 1935 and ...

New page

'''This page is currently under construction; please check back in mid August, 2008.'''
'''Score = 9'''

'''Governed by:'''
* The Combines Investigation Act, 1923, as amended in 1935 and 1952.<ref>Statutes of Canada, 1923, chapter 9, Statutes of Canada, 1935, chapter , 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")<ref>Statutes of Canada, 1952, ch. 39</ref>

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

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

|- class="categorydivision"
| Remedies
| Fines
| 1
| Article 26(a) provides for fines of up to $10,000 for individuals, $25,000 for corporations.

|-
|
| Prison Sentences
| 1
| 26(a) provides for prison sentences of up to 2 years.

|-
|
| Divestitures
| 0
|

|- class="categorydivision"
| Private Enforcement
| 3rd Party Initiation
| 1
| Article 5 of the Act provides that any group of at least 6 British subjects who are Canadian residents 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(a)(3)(v) states that mergers which restrict competition may face penalties.

|-
|
| Public Interest (Pro D)
| 0
|

|-
|
| Public Interest (Pro Authority)
| 0
|

|-
|
| Other
| 0
|

|-
|
| Efficiency
| 0
|

|- class="categorydivision"
| Dominance<ref>in section 2a of the 1923 Act, acts against public interest by monopolies are prohibited, but no actual acts which would be contrary to the public interest are specified</ref>
| Limits Access
| 1
|

|-
|
| Abusive Acts
| 1
| Article 2(a) bans acts by monopolies which may be to the detriment of consumers or other producers.

|-
|
| Price Setting
| 0
|

|-
|
| Discriminatory Pricing
| 0
|

|-
|
| Resale Price Maintenance
|
|

|-
|
| Obstacles to Entry
|
|

|-
|
| Efficiency Defense
| 0
|

|- class="categorydivision"
| Restrictive Trade Practices
| Price Fixing
| 1
| Article 2(a)(3)(iii) bans agreements which set prices (or resale prices).

|-
|
| Tying
| 0
|

|-
|
| Market Division
| 0
|

|-
|
| Output Restraint
| 1
| Article 2(a)(3)(ii) prohibits agreements which limit production.

|-
|
| Market Sharing
| 0
|

|-
|
| Eliminating Competitors
| 1
| Article 2(a)(3)(v) bans agreements which prevent or lessen competition.

|-
|
| Collusive Tendering/Bid-Rigging
| 0
|

|-
|
| Supply Refusal
| 1
| Article 2(a)(3)(v) prohibits arrangements which control supply. Article 2(a)(3)(1) bans agreements which limit facilities for supply.

|-
|
| Efficiency Defense
| 0
|

|}

== References ==
<references />