Canada (June 13, 1923): Difference between revisions

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'''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"
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|- class="categorydivision"
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| 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 2(a)(3)(ii) states that monopolies may not limit production.
|  
|-
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| Abusive Acts
| Abusive Acts
| 1
| 1
| Article 2(a)(3)(v) states that monopolies may not engage in acts designed to limit competition. Article 2(a)(3)(vi) extends this to actions which injure trade of commerce.  
| 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 2(a)(3)(iii) Act lists price setting by a monopoly as a prohibited practice.
|


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| Resale Price Maintenance
| Resale Price Maintenance
| 1
|  
| Article 2(a)(3)(iii) lists resale price maintenance as a prohibited practice.
|  
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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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