Canada (June 13, 1923): Difference between revisions

From AntitrustWorldWiki
Jump to navigation Jump to search
← Older edit
HCargill (talk | contribs)
586 edits
mNo edit summary
HCargill (talk | contribs)
586 edits
No edit summary
 
(3 intermediate revisions by the same user not shown)
Line 1: Line 1:
'''This page is under construction. Please check back in mid-August, 2008.'''
'''Score = 9'''
 
'''Score = '''


'''Governed by:''' The Combines Investigation Act, 1923<ref>Statutes of Canada, 1923, chapter 9</ref> ("the Act").
'''Governed by:''' 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 - 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>
{| class="wikitable"
{| class="wikitable"
|-
|-
Line 19: Line 19:
| 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.  


|-
|-
Line 25: Line 25:
| 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.  


|-
|-
Line 37: Line 37:
| 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.  


|-
|-
Line 48: Line 48:
|  
|  
| 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"
Line 85: Line 85:
| 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.  
|-
|-
Line 112: Line 112:
|- 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.
|  
|-
|-
Line 121: Line 121:
| 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.
|


|-
|-
Line 138: Line 138:
|  
|  
| Resale Price Maintenance
| Resale Price Maintenance
| 0
|  
|  
|  
Line 157: Line 157:
| 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).  
|-
|-
Line 175: Line 175:
| 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.  
|-
|-
Line 187: Line 187:
| 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.
|-
|-
Line 199: Line 199:
| 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
Retrieved from "https://antitrustworldwiki.com/antitrustwiki/index.php?title=Canada_(June_13,_1923)&oldid=2752"