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,[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 |