Canada (May 4, 1910): Difference between revisions
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New page: '''This page is currently under construction. Please check back in early August, 2008. '''Score = 5''' ''Governed by:'' An Act for the Prevention and Suppression of Combinations formed i... |
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''Governed by:'' An Act for the Prevention and Suppression of Combinations formed in restraint of Trade | ''Governed by:'' | ||
<ref>Statutes of Canada, 1889, chapter 41</ref> ("the 1889 | * An Act for the Prevention and Suppression of Combinations formed in restraint of Trade<ref>Statutes of Canada, 1889, chapter 41</ref> ("the 1889 Act") and | ||
* The Combines Investigation Act<ref>Statutes of Canada, 1910, chapter 9</ref> ("the 1910 Act"). | |||
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" | ||
| Line 19: | Line 21: | ||
| Fines | | Fines | ||
| 1 | | 1 | ||
| Article 1 allows for fines of up to $4000 for individuals and $10,000 for corporations. | | 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. | ||
|- | |- | ||
| | | | ||
| Prison Sentences | | Prison Sentences | ||
| 1 | | 1 | ||
| Article 1 allows for prison sentences of up to two years. | | Article 1 of the 1889 Act allows for prison sentences of up to two years. | ||
|- | |- | ||
| Line 35: | Line 38: | ||
| Private Enforcement | | Private Enforcement | ||
| 3rd Party Initiation | | 3rd Party Initiation | ||
| | | 1 | ||
| | | Article 5 of the 1910 Act provides that any group of at least 6 British subjects residing in Canada may initiate an investigation. | ||
|- | |- | ||
| Line 47: | Line 50: | ||
| | | | ||
| 3rd Party Rights in Proceedings | | 3rd Party Rights in Proceedings | ||
| | | 1 | ||
| | | 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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| Voluntary | | Voluntary | ||
| 0 | | 0 | ||
| | | | ||
|- | |- | ||
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| | | | ||
| Restriction of Competition | | Restriction of Competition | ||
| | | 1 | ||
| | | Article 2C of the 1910 Act states that mergers which restrict competition may face penalties. | ||
|- | |- | ||
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| Dominance | | Dominance | ||
| Limits Access | | Limits Access | ||
| | | 1 | ||
| | | Article 2C of the 1910 Act states that monopolies may not limit production. | ||
|- | |- | ||
| | | | ||
| Abusive Acts | | Abusive Acts | ||
| | | 1 | ||
| | | Article 2C of the 1910 Act states that monopolies may not engage in acts designed to limit competition. | ||
|- | |- | ||
| | | | ||
| Price Setting | | Price Setting | ||
| | | 1 | ||
| | | Article 2C of the 1910 Act lists price setting by a monopoly as a prohibited practice. | ||
|- | |- | ||
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| | | | ||
| Obstacles to Entry | | Obstacles to Entry | ||
| | | | ||
| | | | ||
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| Price Fixing | | Price Fixing | ||
| 1 | | 1 | ||
| Article 1b bans price fixing. | | Article 1b of the 1889 Act bans price fixing. Article 2c of the 1910 Act bans price fixing. | ||
|- | |- | ||
| Line 174: | Line 177: | ||
| Output Restraint | | Output Restraint | ||
| 1 | | 1 | ||
| Article 1(c) bans output restraint. | | Article 1(c) of the 1889 Act bans output restraint, as does Article 2c of the 1910 Act. | ||
|- | |- | ||
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| | | | ||
| Supply Refusal | | Supply Refusal | ||
| | | 1 | ||
| | | Article 2c of the 1910 Act bans practices which have the effect of limiting or controlling the supply of goods. | ||
|- | |- | ||
Latest revision as of 19:48, 24 July 2008
Score = 12
Governed by:
- An Act for the Prevention and Suppression of Combinations formed in restraint of Trade[1] ("the 1889 Act") and
- The Combines Investigation Act[2] ("the 1910 Act").
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.
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 0 | |
| Remedies | Fines | 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. |
| Prison Sentences | 1 | Article 1 of the 1889 Act allows for prison sentences of up to two years. | |
| Divestitures | 0 | ||
| Private Enforcement | 3rd Party Initiation | 1 | Article 5 of the 1910 Act provides that any group of at least 6 British subjects residing in Canada may initiate an investigation. |
| Remedies Available to 3rd Parties | 0 | ||
| 3rd Party Rights in Proceedings | 1 | 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. | |
| Merger Notification | Voluntary | 0 | |
| Mandatory | 0 | ||
| Pre-merger | 0 | ||
| Post-merger | 0 | ||
| Merger Assessment | Dominance | 0 | |
| Restriction of Competition | 1 | Article 2C of the 1910 Act states that mergers which restrict competition may face penalties. | |
| Public Interest (Pro D) | 0 | ||
| Public Interest (Pro Authority) | 0 | ||
| Other | 0 | ||
| Efficiency | 0 | ||
| Dominance | Limits Access | 1 | Article 2C of the 1910 Act states that monopolies may not limit production. |
| Abusive Acts | 1 | Article 2C of the 1910 Act states that monopolies may not engage in acts designed to limit competition. | |
| Price Setting | 1 | Article 2C of the 1910 Act lists price setting by a monopoly as a prohibited practice. | |
| Discriminatory Pricing | 0 | ||
| Resale Price Maintenance | 0 | ||
| Obstacles to Entry | |||
| Efficiency Defense | 0 | ||
| Restrictive Trade Practices | Price Fixing | 1 | Article 1b of the 1889 Act bans price fixing. Article 2c of the 1910 Act bans price fixing. |
| Tying | 0 | ||
| Market Division | 0 | ||
| Output Restraint | 1 | Article 1(c) of the 1889 Act bans output restraint, as does Article 2c of the 1910 Act. | |
| Market Sharing | 0 | ||
| Eliminating Competitors | 1 | Article 1d prohibits agreements that "unduly prevent or lessen competition." | |
| Collusive Tendering/Bid-Rigging | 0 | ||
| Supply Refusal | 1 | Article 2c of the 1910 Act bans practices which have the effect of limiting or controlling the supply of goods. | |
| Efficiency Defense | 0 |