Canada (June 13, 1923)
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Governed by: The Combines Investigation Act, 1923[1] ("the Act").
- note - in 1919, a short-lived statute was passed, the Combines and Fair Prices Act. Within 3 years, it was struck down by the Privy Council.[2] The 1923 act soon followed.
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 0 | |
| Remedies | Fines | 1 | Article 26(a) provides for fines of up to $10,000 for individuals, $25,000 for corporations. |
| Prison Sentences | 1 | 26(a) provides for prison sentences of up to 2 years. | |
| Divestitures | 0 | ||
| Private Enforcement | 3rd Party Initiation | 1 | Article 5 of the Act provides that any group of at least 6 British subjects who are Canadian residents 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 | Limits Access | 1 | Article 2(a)(3)(ii) states that monopolies may not limit production. |
| Abusive Acts | 1 | Article 2(a)(3)(v) states that monopolies may not engage in acts designed to limit competition. Article 2(a)(3)(vi) extends this to actions which injure trade of commerce. | |
| Price Setting | 1 | Article 2(a)(3)(iii) Act lists price setting by a monopoly as a prohibited practice. | |
| Discriminatory Pricing | 0 | ||
| Resale Price Maintenance | 1 | Article 2(a)(3)(iii) lists resale price maintenance as a prohibited practice. | |
| 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 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 |