Canada (May 4, 1910)

This page is currently under construction. Please check back in early August, 2008. Score = 5

Governed by:

• An Act for the Prevention and Suppression of Combinations formed in restraint of Trade ("the 1889 Act") and
• The Combines Investigation Act ("the 1910 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 statute allows for fines of up to $4000 for individuals and $10,000 for corporations.
	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	0
	Remedies Available to 3rd Parties	0
	3rd Party Rights in Proceedings	0
Merger Notification	Voluntary	0	The act does not address mergers.
	Mandatory	0
	Pre-merger	0
	Post-merger	0
Merger Assessment	Dominance	0
	Restriction of Competition	0
	Public Interest (Pro D)	0
	Public Interest (Pro Authority)	0
	Other	0
	Efficiency	0
Dominance	Limits Access	0
	Abusive Acts	0
	Price Setting	0
	Discriminatory Pricing	0
	Resale Price Maintenance	0
	Obstacles to Entry	0
	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	0
	Efficiency Defense	0