Canada (June 13, 1923): Difference between revisions

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New page: '''This page is under construction. Please check back in mid-August, 2008.''' '''Score = ''' ''Governed by:'' * The Combines Investigation Act, 1923<ref>Statutes of Canada, 1923, chapte...
 
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'''This page is under construction. Please check back in mid-August, 2008.'''
'''Score = 9'''
'''Score = '''


''Governed by:''  
'''Governed by:''' The Combines Investigation Act, 1923<ref>Statutes of Canada, 1923, chapter 9</ref> ("the Act").
* The Combines Investigation Act, 1923<ref>Statutes of Canada, 1923, chapter 9</ref> ("the Act").
* ''note - in 1919, a short-lived statute was passed, the Combines and Fair Prices Act. Within 3 years, it was struck down by the Privy Council.<ref>the case, Re Board of Commerce Act and Combines and Fair Prices Act, 1919, can be found in 60 Dominion Law Reports 517 (1921).</ref> The 1923 act soon followed.
 
* ''note - Canadian Criminal Code Act 498, which affects some agreements between companies that restrain trade, is also in place. However, there is near-complete overlap between the offenses in the Criminal Code and in the 1923 statute, and the Criminal statute does not change the scoring.<ref> For the full text of the statute, see http://books.google.com/books?id=wAYvAAAAIAAJ&pg=PA626&lpg=PA626&dq=canada+criminal+code+498&source=web&ots=Z-7kFZCJXR&sig=K_Ydrnd5MoTtD4jKhXjkZMk4-u0&hl=en&sa=X&oi=book_result&resnum=2&ct=result#PPA627,M1</ref><ref>For a non web-based, official statute, Revised Statutes of Canada 1927, section 36, provision 498.</ref>
The 1889 Act is part of the criminal code, and imposes tougher penalties (including imprisonment) than the 1910 Act, which provides for third party initiation of investigations.  


{| class="wikitable"
{| class="wikitable"
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| Fines
| Fines
| 1
| 1
| Article 1 of the 1889 Act allows for fines of up to $4000 for individuals and $10,000 for corporations. Article 23 of the 1910 Act permits fines of up to $1000/day for violations which continue after the Board's findings are posted.
| Article 26(a) provides for fines of up to $10,000 for individuals, $25,000 for corporations.  


|-
|-
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| Prison Sentences
| Prison Sentences
| 1
| 1
| Article 1 of the 1889 Act allows for prison sentences of up to two years.
| 26(a) provides for prison sentences of up to 2 years.  


|-
|-
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| 3rd Party Initiation
| 3rd Party Initiation
| 1
| 1
| Article 5 of the 1910 Act provides that any group of at least 6 Canadian citizens may initiate an investigation.  
| Article 5 of the Act provides that any group of at least 6 British subjects who are Canadian residents may initiate an investigation.  


|-
|-
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|  
|  
| 3rd Party Rights in Proceedings
| 3rd Party Rights in Proceedings
| 1
| 0
| Articles 6 and 12 of the 1910 Act provide that the initiating third parties may attend the Board of Investigation initial hearing, and may even help select one of the three Board members.
|  


|- class="categorydivision"
|- class="categorydivision"
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| Restriction of Competition
| Restriction of Competition
| 1
| 1
| Article 2C of the 1910 Act states that mergers which restrict competition may face penalties.  
| Article 2(a)(3)(v) states that mergers which restrict competition may face penalties.  
|-
|-
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|- class="categorydivision"
|- class="categorydivision"
| Dominance
| 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
| Limits Access
| 1
| 1
| Article 2C of the 1910 Act states that monopolies may not limit production.
|  
|-
|-
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| Abusive Acts
| Abusive Acts
| 1
| 1
| Article 2C of the 1910 Act states that monopolies may not engage in acts designed to limit competition.  
| Article 2(a) bans acts by monopolies which may be to the detriment of consumers or other producers.  


|-
|-
|  
|  
| Price Setting
| Price Setting
| 1
| 0
| Article 2C of the 1910 Act lists price setting by a monopoly as a prohibited practice.
|


|-
|-
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|  
|  
| Resale Price Maintenance
| Resale Price Maintenance
| 0
|  
|  
|  
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| Price Fixing
| Price Fixing
| 1
| 1
| Article 1b of the 1889 Act bans price fixing. Article 2c of the 1910 Act bans price fixing.  
| Article 2(a)(3)(iii) bans agreements which set prices (or resale prices).  
|-
|-
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| Output Restraint
| Output Restraint
| 1
| 1
| Article 1(c) of the 1889 Act bans output restraint, as does Article 2c of the 1910 Act.  
| Article 2(a)(3)(ii) prohibits agreements which limit production.  
|-
|-
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| Eliminating Competitors
| Eliminating Competitors
| 1
| 1
| Article 1d prohibits agreements that "unduly prevent or lessen competition."
| Article 2(a)(3)(v) bans agreements which  prevent or lessen competition.
|-
|-
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| Supply Refusal
| Supply Refusal
| 1
| 1
| Article 2c of the 1910 Act bans practices which have the effect of limiting or controlling the supply of goods.  
| Article 2(a)(3)(v) prohibits arrangements which control supply. Article 2(a)(3)(1) bans agreements which limit facilities for supply.  
|-
|-

Latest revision as of 18:59, 24 July 2008

Score = 9

Governed by: The Combines Investigation Act, 1923[1] ("the Act").

  • note - in 1919, a short-lived statute was passed, the Combines and Fair Prices Act. Within 3 years, it was struck down by the Privy Council.[2] The 1923 act soon followed.
  • note - Canadian Criminal Code Act 498, which affects some agreements between companies that restrain trade, is also in place. However, there is near-complete overlap between the offenses in the Criminal Code and in the 1923 statute, and the Criminal statute does not change the scoring.[3][4]
Category Subcategory Score Comment
Scope Extraterritoriality 0
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
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
Merger Notification Voluntary 0
Mandatory 0
Pre-merger 0
Post-merger 0
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
Dominance[5] 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
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

  1. ↑ Statutes of Canada, 1923, chapter 9
  2. ↑ the case, Re Board of Commerce Act and Combines and Fair Prices Act, 1919, can be found in 60 Dominion Law Reports 517 (1921).
  3. ↑ For the full text of the statute, see http://books.google.com/books?id=wAYvAAAAIAAJ&pg=PA626&lpg=PA626&dq=canada+criminal+code+498&source=web&ots=Z-7kFZCJXR&sig=K_Ydrnd5MoTtD4jKhXjkZMk4-u0&hl=en&sa=X&oi=book_result&resnum=2&ct=result#PPA627,M1
  4. ↑ For a non web-based, official statute, Revised Statutes of Canada 1927, section 36, provision 498.
  5. ↑ 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
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