Canada (June 13, 1923)

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Governed by:

• The Combines Investigation Act, 1923 ("the 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 Act allows for fines of up to $4000 for individuals and $10,000 for corporations. Article 23 of the 1910 Act permits fines of up to $1000/day for violations which continue after the Board's findings are posted.
	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	1	Article 5 of the 1910 Act provides that any group of at least 6 Canadian citizens may initiate an investigation.
	Remedies Available to 3rd Parties	0
	3rd Party Rights in Proceedings	1	Articles 6 and 12 of the 1910 Act provide that the initiating third parties may attend the Board of Investigation initial hearing, and may even help select one of the three Board members.
Merger Notification	Voluntary	0
	Mandatory	0
	Pre-merger	0
	Post-merger	0
Merger Assessment	Dominance	0
	Restriction of Competition	1	Article 2C of the 1910 Act states that mergers which restrict competition may face penalties.
	Public Interest (Pro D)	0
	Public Interest (Pro Authority)	0
	Other	0
	Efficiency	0
Dominance	Limits Access	1	Article 2C of the 1910 Act states that monopolies may not limit production.
	Abusive Acts	1	Article 2C of the 1910 Act states that monopolies may not engage in acts designed to limit competition.
	Price Setting	1	Article 2C of the 1910 Act lists price setting by a monopoly as a prohibited practice.
	Discriminatory Pricing	0
	Resale Price Maintenance	0
	Obstacles to Entry
	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	1	Article 2c of the 1910 Act bans practices which have the effect of limiting or controlling the supply of goods.
	Efficiency Defense	0