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:'' An Act for the Prevention and Suppression of Combinations formed in restraint of Trade. | ||
<ref>Statutes of Canada, 1889, chapter 41</ref> ("the 1889 | <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. | |||
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| 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 statute allows for fines of up to $4000 for individuals and $10,000 for corporations. | ||
|- | |- | ||
| | | | ||
| 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. | ||
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| Limits Access | | Limits Access | ||
| 0 | | 0 | ||
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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. | ||
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| 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. | ||
|- | |- | ||
Revision as of 16:15, 22 July 2008
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 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 statute allows for fines of up to $4000 for individuals and $10,000 for corporations. |
| 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 | 0 | |
| Remedies Available to 3rd Parties | 0 | ||
| 3rd Party Rights in Proceedings | 0 | ||
| Merger Notification | Voluntary | 0 | The act does not address mergers. |
| Mandatory | 0 | ||
| Pre-merger | 0 | ||
| Post-merger | 0 | ||
| Merger Assessment | Dominance | 0 | |
| Restriction of Competition | 0 | ||
| Public Interest (Pro D) | 0 | ||
| Public Interest (Pro Authority) | 0 | ||
| Other | 0 | ||
| Efficiency | 0 | ||
| Dominance | Limits Access | 0 | |
| Abusive Acts | 0 | ||
| Price Setting | 0 | ||
| Discriminatory Pricing | 0 | ||
| Resale Price Maintenance | 0 | ||
| Obstacles to Entry | 0 | ||
| 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 | 0 | ||
| Efficiency Defense | 0 |