Canada (August 23, 2000)

Score = 19

Governed by: Competition Act of 23 August 2000 (hereinafter referred to as “Competition Act”).

Category	Subcategory	Score	Comment
Scope	Extraterritoriality	1	§92 gives the Tribunal power over any merger (domestic or foreign) that has an effect in Canada.
Remedies	Fines	1	§100 allows fines for failing to notify of a transaction.
	Prison Sentences	1	§100 allows the Tribunal to impose imprisonment for failing to notify.
	Divestitures	1	§92 allows the Tribunal to dissolve companies formed by impermissible mergers.
Private Enforcement	3rd Party Initiation	1	§36(1)(a) states that any person who suffered loss due to a violation of §45-§62 can initiate a private suit in any “competent jurisdiction.”
	Remedies Available to 3rd Parties	1	§36(1) provides for monetary remedies to third party initiators.
	3rd Party Rights in Proceedings	0
Merger Notification	Voluntary	0
	Mandatory	3	§114 requires pre-merger notification for large mergers.
	Pre-merger	2	§114 requires pre-merger notification for large mergers.
	Post-merger	0
Merger Assessment	Dominance	1	§92 makes market share part of the merger assessment, though not sufficient in itself.
	Restriction of Competition	1	§92 allows Tribunal to issue a remedial order to any merger that is likely to prevent competition.
	Public Interest (Pro D)	1	§93 allows Tribunal to allow otherwise impermissible merger due to international competitiveness considerations.
	Public Interest (Pro Authority)	0
	Other	1	§93 allows Tribunal to consider business failure in merger calculus.
	Efficiency	1	§96 contains an exception for mergers that are likely to bring about gains in efficiency.
Dominance	Limits Access	1	§78(e) prohibits “pre-emption of scarce facilities or resources . . . with the object of withholding the facilities or resources from a market.”
	Abusive Acts	1	§78 and 79 prohibit abuse of a dominant position.
	Price Setting	1	§50(1)(b) makes price setting (too low) a criminal offense.
	Discriminatory Pricing	1	§50(1)(a) makes discriminatory pricing a criminal offense.
	Resale Price Maintenance	1	§61(1) prohibits resale price maintenance.
	Obstacles to Entry	1	§78 prohibits anti-competitive acts that prevent market entry.
	Efficiency Defense	1	§85-90 allow the Commissioner to take into account gains in efficiency when evaluating the prohibited practices.
Restrictive Trade Practices	Price Fixing	1	§45 makes price setting to lessen competition a criminal offense.
	Tying	1	§77 prohibits tying arrangements.
	Market Division	0
	Output Restraint	1	§45 makes output restraint to lessen competition a criminal offense.
	Market Sharing	0
	Eliminating Competitors	1	§50(1)(c) makes practices with the effect of eliminating a competitor a criminal offense.
	Collusive Tendering/Bid-Rigging	1	§47 makes bid rigging a criminal offense.
	Supply Refusal	1	§61(6) makes inducing a supply refusal a criminal offense.
	Efficiency Defense	1	§85-90 allow the Commissioner to take into account gains in efficiency when evaluating the prohibited practices.