Canada (July 4, 1952): Difference between revisions
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'''Score = 13''' | |||
'''Score = ''' | |||
'''Governed by:''' | '''Governed by:''' | ||
| Line 21: | Line 20: | ||
| Fines | | Fines | ||
| 1 | | 1 | ||
| Article | | Article 32 of the Act provides for fines, as do 498(1) and 498A(1). | ||
|- | |- | ||
| Line 27: | Line 26: | ||
| Prison Sentences | | Prison Sentences | ||
| 1 | | 1 | ||
| | | Article 32 of the Act provides for prison sentences of up to two years, as do 498(1) and 498A(1). | ||
|- | |- | ||
| | | | ||
| Divestitures | | Divestitures | ||
| | | 1 | ||
| | | Article 31 of the Act allows a court to dissolve monopolies, trusts and mergers which violate the statute. | ||
|- class="categorydivision" | |- class="categorydivision" | ||
| Line 39: | Line 38: | ||
| 3rd Party Initiation | | 3rd Party Initiation | ||
| 1 | | 1 | ||
| Article 5 of the Act provides that any group of at least | | Article 5 of the Act provides that any group of at least six Canadian citizens may initiate an investigation. | ||
|- | |- | ||
| Line 87: | Line 86: | ||
| Restriction of Competition | | Restriction of Competition | ||
| 1 | | 1 | ||
| Article 2( | | Article 2(1)(f) of the Act states that mergers which restrict competition may face penalties. | ||
|- | |- | ||
| Line 98: | Line 97: | ||
| | | | ||
| Public Interest (Pro Authority) | | Public Interest (Pro Authority) | ||
| | | 1 | ||
| | | Article 31 of the Act gives a court the right to dissolve mergers which function against the public interest. | ||
|- | |- | ||
| Line 114: | Line 113: | ||
|- class="categorydivision" | |- class="categorydivision" | ||
| Dominance | | Dominance | ||
| Limits Access | | Limits Access | ||
| | | 0 | ||
| | | | ||
| Line 123: | Line 122: | ||
| Abusive Acts | | Abusive Acts | ||
| 1 | | 1 | ||
| Article 2( | | 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 | ||
| | | 1 | ||
| | |498A(c) bans setting prices too low to drive out competition. | ||
|- | |- | ||
| | | | ||
| Discriminatory Pricing | | Discriminatory Pricing | ||
| | | 1 | ||
| | | 498A(a) and (b) bans discriminatory pricing. | ||
|- | |- | ||
| Line 159: | Line 158: | ||
| Price Fixing | | Price Fixing | ||
| 1 | | 1 | ||
| Article 2( | | 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). | ||
|- | |- | ||
| Line 177: | Line 176: | ||
| Output Restraint | | Output Restraint | ||
| 1 | | 1 | ||
| Article 2( | | Article 2(1)(b) of the Act prohibits agreements which limit production, as does 498(c). | ||
|- | |- | ||
| Line 189: | Line 188: | ||
| Eliminating Competitors | | Eliminating Competitors | ||
| 1 | | 1 | ||
| Article 2( | | Article 2(1)(e) of the Act bans agreements which prevent or lessen competition, as does 498(b). | ||
|- | |- | ||
| Line 201: | Line 200: | ||
| Supply Refusal | | Supply Refusal | ||
| 1 | | 1 | ||
| Article 2( | | 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. | ||
|- | |- | ||
Latest revision as of 19:47, 24 July 2008
Score = 13
Governed by:
- The Combines Investigation Act, 1923,[1] as amended in 1935[2] and 1952[3] ("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").
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 0 | |
| Remedies | Fines | 1 | Article 32 of the Act provides for fines, as do 498(1) and 498A(1). |
| Prison Sentences | 1 | Article 32 of the Act provides for prison sentences of up to two years, as do 498(1) and 498A(1). | |
| Divestitures | 1 | Article 31 of the Act allows a court to dissolve monopolies, trusts and mergers which violate the statute. | |
| Private Enforcement | 3rd Party Initiation | 1 | Article 5 of the Act provides that any group of at least six Canadian citizens 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(1)(f) of the Act states that mergers which restrict competition may face penalties. | |
| Public Interest (Pro D) | 0 | ||
| Public Interest (Pro Authority) | 1 | Article 31 of the Act gives a court the right to dissolve mergers which function against the public interest. | |
| Other | 0 | ||
| Efficiency | 0 | ||
| Dominance | Limits Access | 0 | |
| Abusive Acts | 1 | Article 2(1)(f) of the Act bans acts by monopolies which may be to the detriment of consumers or other producers. | |
| Price Setting | 1 | 498A(c) bans setting prices too low to drive out competition. | |
| Discriminatory Pricing | 1 | 498A(a) and (b) bans discriminatory pricing. | |
| Resale Price Maintenance | |||
| Obstacles to Entry | |||
| Efficiency Defense | 0 | ||
| Restrictive Trade Practices | Price Fixing | 1 | 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). |
| Tying | 0 | ||
| Market Division | 0 | ||
| Output Restraint | 1 | Article 2(1)(b) of the Act prohibits agreements which limit production, as does 498(c). | |
| Market Sharing | 0 | ||
| Eliminating Competitors | 1 | Article 2(1)(e) of the Act bans agreements which prevent or lessen competition, as does 498(b). | |
| Collusive Tendering/Bid-Rigging | 0 | ||
| Supply Refusal | 1 | 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. | |
| Efficiency Defense | 0 |