Canada (July 4, 1952)

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

Governed by:

• The Combines Investigation Act, 1923, as amended in 1935 and 1952 ("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