Canada (July 4, 1952): Difference between revisions

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| Article 26(a) provides for fines of up to $10,000 for individuals, $25,000 for corporations.  
| Article 32 of the Act provides for fines, as do 498(1) and 498A(1).  


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| 26(a) provides for prison sentences of up to 2 years.  
| Article 32 of the Act provides for prison sentences of up to two years, as do 498(1) and 498A(1).


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| Article 31 of the Act allows a court to dissolve monopolies, trusts and mergers which violate the statute.


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| Article 5 of the Act provides that any group of at least 6 British subjects who are Canadian residents may initiate an investigation.  
| Article 5 of the Act provides that any group of at least Canadian citizens may initiate an investigation.  


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Revision as of 19:22, 24 July 2008

This page is currently under construction; please check back in mid August, 2008. Score =

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 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(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[4] 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. Statutes of Canada, 1935, chapter 54
  3. Statutes of Canada, 1952, ch. 39
  4. 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