Volume 1
CHAPTER 1 - Introduction
§ 1.01 History of Legislation
[1] Scope of Legislation
[2] Mergers and Monopolies
[3] Trade Practices
[4] Deceptive Marketing
[5] 1976 Amendments
[6] 1986 Amendments
[7] Administration
§ 1.02 Scope of the Competition Act
[1] Introduction
[2] Criminal Offenses
[a] Agreements to Restrict Competition
[b] Pricing Practices
[c] Misleading Advertising
[3] Civil Proceedings
[a] Reviewable Marketing Practices
[b] Regulatory Interventions
[c] Private Damage Actions
[d] Mergers
[e] Abuse of Dominant Position
[f] Delivered Pricing
§ 1.03 Subject Matter Jurisdiction
§ 1.04 Exemptions from the Legislation
[1] Labor Relations
[2] Fisherman
[3] Banks
[4] Shipping Conferences
[5] Security Underwriters
[6] Amateur Sport
[7] Professions
[8] Regulated Industries
[9] Crown Agencies
[10] Patents and Trade Marks
[11] Export Agreements
§ 1.05 Territorial Jurisdiction
§ 1.06 Constitutionality of the Act
CHAPTER 2 - Common Law/Non-Statutory Aspects of Competition Law
§ 2.01 Introduction
§ 2.02 Covenants in Restraint of Trade
[1] Interests of the Parties
[2] Public Interest
[3] Severance and the "Blue Pencil Rule"
§ 2.03 Conspiracy
[1] Common Law
[2] Section 36 of the Competition Act
[3] Computation of Damages
§ 2.04 Inducing Breach of Contract
§ 2.05 Unlawful Interference with Economic Interests
§ 2.06 Misleading Representations
[1] Remedies in Contract
[2] Tort Remedies for Misrepresentation
[3] Passing Off
[4] Trade Libel
[5] Statutory Causes of Action
CHAPTER 3 - Enforcement of Competition Law
§ 3.01 Introduction
§ 3.02 Investigations by the Commissioner
[1] Initiation of Inquiries
[2] Investigative Tools – Section 11 Orders
[a] Oral Examinations
[b] Production of Records
[c] Written Returns
[d] Constitutional Challenges
[3] Investigative Tools – Warrants for Search and Seizure
[a] Entry of Premises – Section 15
[b] Computer Searches – Section 16
[c] Interference or Refusal to Cooperate
[4] Handling and Return of Seized or Produced Documents
[5] Solicitor-Client Privilege
[6] Discontinuance of Inquiry
[7] Other Forms of Resolution
[a] Pre-emptive action by the parties
[b] Advance Ruling Certificates
[c] Advisory Opinions
[d] Alternative Case Resolutions
[8] Consent Agreements
§3.03 Criminal Proceeding
[1] Commencement of Proceedings
[2] Pre-Trial Disclosure
[3] Preliminary Inquiries
[4] Venue of Prosecutions
[5] Parties Liable
[6] Limitation Periods
[7] Particulars of an Offence
[8] Amendment of Criminal Charges
[9] Appeals
§3.04 Evidentiary Rules
[1] Onus of Proof
[2] Corporate Records
[3] Corporate Witnesses
[4] Statistical Evidence
[5] Economic Evidence
[6] Multiple Charges
§ 3.05 Criminal Remedies
[1] Fines and Sentencing
[2] Prohibition Orders
[3] Interim Injunctions
[4] Post Conviction Reporting
[5] Reduction of Customs Duties
[6] Intellectual Property Remedies
§ 3.06 Civil Proceedings
[1] Private Actions
[2] Class Actions
[3] Interventions in Private Actions
[4] The Competition Tribunal
[a] Standing
[b] Interim Orders
[c] Private Access to the Competition Tribunal
[d] Appeals
CHAPTER 4 - Pricing Practices
§ 4.01 Introduction
§ 4.02 Price Discrimination
[1] Introduction
[2] Engaged in a Business
[3] The Parties to an Offence
[4] The Requirement of a Sale
[5] Transactions Between Affiliates
[6] Types of Products Covered
[7] Discount, Rebate, Allowance, Price Concession or Other Advantage
[8] "Available" to Competing Purchasers
[a] Conditional Discounts
[b] Volume-Based Discounts
[c] Functional Discounts
[d] Exclusive Dealing Discounts
[9] The Definition of "Purchaser"
[a] Buying Groups
[b] Franchise Systems
[c] International Volume Price Concessions
[10] Competitors of a Purchaser
[11] Relevant "Time"
[12] Like Quality and Quantity
[13] Knowledge
[14] A "Practice" of Discriminating Is Required
[15] The Cooperative Exception
[16] Enforcement
§ 4.03 Promotional Allowances
[1] Introduction
[2] Allowance
[a] Discount, Rebate, Price Concession or Other Advantage
[b] Advertising or Display Purposes
[c] Collateral to a Sale
[d] Not Applied Directly to Selling Price
[3] Proportionate Terms
[4] Competitors of a Purchaser
[5] No Anti-Competitive Effect Required
[6] Comparison to Paragraph 50(1)(a)
§ 4.04 Regional Price Discrimination
[1] Legislative History
[2] Elements of the Offence
[a] Engaged in a Business
[b] Selling Products
[c] Products
[d] Lower Prices than Elsewhere in Canada
[e] Policy of Selling
[f] Anti-Competitive Effect or Intent
§ 4.05 Predatory Pricing
[1] Introduction
[2] The Predatory Pricing Enforcement Guidelines--Outline of General Enforcement Approval
[3] The Elements of Paragraph 50(1)(c)
[a] "Engaged in a Business"
[b] "Policy"
[c] "Sale"
[d] "Products"
[e] "Unreasonably Low"
[i] Price/Cost Comparisons
[ii] Pricing Between ATC and AVC
[iii] Price/Cost Comparisons with Bundled Products
[f] The Final Element of Paragraph 50(1)(c)
[i] "Effect or Tendency of Substantially Lessening Competition"
[ii] "Designed to Have the Effect of Substantially Lessening Competition"
[iii] "Effect or Tendency of Eliminating a Competitor"
[iv] "Designed to Have the Effect of Eliminating a Competitor"
[4] Applicability of the Abuse of Dominant Position Provisions in Section 79
§ 4.06 Price Maintenance
[1] Legislative History
[2] Overview of the Price Maintenance Provisions
[a] Who is Subject to the Provisions
[b] Attempts to Influence Price Upward--Paragraph 61(1)(a)
[i] By Agreement
[ii] By Threat or Promise
[iii] By Like Means
[3] Suggested List Prices
[4] Refusals to Supply
[a] Scope of Paragraph 61(1)(b)
[b] "Otherwise Discriminate"
[c] Exceptions--Permitted Grounds for Refusal to Supply
[i] Use of Products as Loss Leaders
[ii] Inadequate Service for the Products
[iii] Bait and Switch Selling
[iv] Misleading Advertising
[v] "Practice" as an Element of the Defences
[5] Attempts to Influence Suppliers to Refuse to Supply
[6] Applications of Section 61 Beyond Vertical Price Maintenance--Influencing Competitors’ Prices or Prices of Other Suppliers’ Products
[7] Fines and Orders
[a] Fines
[b] Prohibition Orders
[8] Patents, Trade Marks and Price Maintenance
[9] Price Maintenance and Consignment Selling by Agents
CHAPTER 5 - Distribution Practices
§ 5.01 Introduction
§ 5.02 Refusal to Deal
[1] Legislative History and Enforcement Experience
[2] Overview of the Refusal to Deal Provision
[a] Scope of the Provision
[b] Market Definition
[i] Defining the Relevant Product
[ii] The Geographic Market
[c] "Business"
[d] "Substantially Affected" or "Precluded"
[e] "Usual Trade Terms"
[f] "Insufficient Competition"
[g] "Ample Supply"
[h] "Adverse Effect on Competition"
[i] Remedies
[i] Discretion
[ii] Duration of Order and Time to Comply
[iii] Orders May Be Made Against More Than One Supplier
[iv] Standard for Assessing Compliance With a Section 75 Order
[v] Private Access
[vi] Costs
[vii] Interim Orders
[j] Comparison to U.S. Law
[k] Other Particular Applications
§ 5.03 Discriminatory Delivery Practices
[1] Legislative History and Background
[2] Definition of "Delivered Pricing"
[3] Circumstances in Which the Tribunal May Issue an Order
[4] Enforcement
§ 5.04 Refusal to Supply or Other Discrimination by a Foreign Supplier
§ 5.05 Consignment Selling
[1] Introduction and Legislative History
[2] Practice of Consignment Selling
[3] Purpose of Introduction of Consignment Selling
[4] Remedies
§ 5.06 Exclusive Dealing, Tied Selling, and Market Restriction
[1] Legislative History and Enforcement Experience
[2] The Substantive Provisions
[a] General
[b] Definitions
[i] Exclusive Dealing
[ii] Tied Selling
[iii] Market Restriction
[c] Scope of the Provision
[d] The Practice Requirement
[e] Product Definition
[f] Geographic Market Definition
[g] Major Supplier
[h] Widespread in the Market
[i] Exclusionary Effects
[j] Substantial Lessening of Competition
[3] Exemptions
[a] General
[b] Entry
[c] Technology
[d] Security for Loans
[e] Affiliation
[i] Use of Trademark
[ii] Food Products
[4] Remedies
[a] Remedial Power of the Tribunal
[b] Interim Orders
[c] Private Access
[d] Costs
[5] Constitutional Challenges
§ 5.07 Enforcement of Foreign Judgments and Laws
[1] Introduction and Legislative History
[2] Foreign Judgments
[3] Foreign Laws and Directives
CHAPTER 6 - Unfair Sales Practices
§ 6.01 Introduction
§ 6.02 Misleading Representations
[1] Generally
[2] Reviewable Matters--Section 74.01
[3] Criminal Offence--Section 52
[4] General Impression Test
[5] Mens Rea
[6] Publisher’s Defence
[7] Importer Liability
[8] Liability in Other Contexts
[9] Fines and Imprisonment
[10] Alternative Case Resolutions
[11] Private Damage Claims
[12] International Enforcement
[13] Priorities in Enforcement
§ 6.03 Specific Forms of Misleading Representations
[1] Ordinary Price Claims
[2] Sale above Advertised Price
[3] False Performance Claims
[4] Testimonials
[5] Bait and Switch Advertising
[6] Promotional Contests
[7] Trading Stamps
§ 6.04 Deceptive Marketing Practices
[1] Double Ticketing
[2] Multi-level Marketing
[3] Pyramid Selling
[4] Deceptive Telemarketing
§ 6.05 Other Federal Legislation
[1] Bank Act
[2] Hazardous Products Act
[3] Textile Labelling Act
[4] Precious Metals Marking Act
[5] Food and Drugs Act
[6] Trade-marks Act
[7] Consumer Packaging and Labelling Act
[8] Criminal Code
§ 6.06 Other Possible Avenues of Complaint
[1] Advertising Standards Canada
CHAPTER 7 - Provincial Marketing Legislation
§7.01 Introduction
[1] Development of Provincial Legislation
[2] Jurisdictional Conflict
§7.02 Trade Practices Legislation
[1] Misleading Representations
[a] Type of Representation
[b] Positive Disclosure Requirement
[c] Strict Liability and Due Diligence
[d] Publisher's Defence
[2] Unconscionable Transactions
[3] Summary of Provincial Trade Practices and Consumer Protection Legislation
[a] Alberta -- Fair Trading Act
[i] Scope of Act
[ii] General Prohibition
[iii] Remedies
[A] Civil
[B] Orders
[C] Fines
[b] British Columbia -- Trade Practices Act
[i] Scope of Act
[ii] General Prohibition
[iii] Remedies
[A] Civil
[B] Orders
[C] Fines
[c] Manitoba -- Business Practices Act
[i] Scope of Act
[ii] General Prohibition
[iii] Remedies
[A] Civil
[B] Orders
[C] Fines
[d] Manitoba -- Trade Practices Inquiry Act
[i] Scope of Act
[ii] Remedies
[e] New Brunswick – Consumer Product Warranty and Liability Act
[i] Scope of Act
[ii] General Prohibition
[iii] Remedies
[f] Newfoundland -- Trade Practices Act
[i] Scope of Act
[ii] General Prohibition
[iii] Remedies
[A] Civil
[B] Orders
[g] Northwest Territories -- Consumer Protection Act
[i] Scope of Act
[ii] General Prohibition
[iii] Remedies
[h] Ontario -- Business Practices Act
[i] Scope of Act
[ii] General Prohibition
[iii] Remedies
[A] Civil
[B] Orders
[i] Ontario -- Consumer Protection Act
[i] Scope of Act
[ii] General Prohibition
[iii] Remedies
[j] Prince Edward Island – Business Practices Act
[i] Scope of Act
[ii] General Prohibition
[iii] Remedies
[A] Civil
[B] Orders
[C] Fines
[k] Prince Edward Island – Consumer Protection Act
[i] Scope of Act
[ii] General Prohibition
[iii] Remedies
[A] Civil
[B] Orders
[C] Fines
[l] Quebec -- Consumer Protection Act
[i] Scope of Act
[ii] General Prohibition
[iii] Remedies
[m] Saskatchewan -- Consumer Protection Act
[i] Scope of Act
[ii] General Prohibition
[iii] Remedies
[A] Civil
[B] Orders
[C] Fines
[n] Yukon -- Consumer Protection Act
[i] Scope of Act
[ii] General Prohibition
[iii] Remedies
§7.03 Warranty Legislation
[1] Introduction
§7.04 Specific Industries or Products
§7.05 Quebec Language Legislation
[1] Commercial Advertising
[2] Labels
[3] Catalogues and Brochures
CHAPTER 8 - Conspiracy and Related Provisions
§ 8.01 Overview of Section 45 and Related Provisions of the Competition Act
§ 8.02 Introduction and Legislative History of Section 45
[1] Introduction
[2] Legislative History
§ 8.03 The "Agreement" Requirement in Section 45
[1] The "Gist" of the Offense
[2] Direct Evidence Not Required
[3] The Rule in Hodge’s Case
[4] Acts in Furtherance of the Agreement
[5] Acts and Declarations of Co-Conspirators
[6] Two or More Entities Required
[7] Conscious Parallelism and Tacit Agreements
[8] Facilitating Practices
[9] Participation or Joining at Any Time Sufficient
[10] Trade Associations
§ 8.04 The Mens Rea Requirements of Section 45
[1] The Subjective Fault Element
[2] The Objective Fault Element
[a] Introduction
[b] The PANS Case
[i] The Trial Judgment on the Constitutional Issues
[ii] The Appeal Court Ruling
[iii] The Supreme Court of Canada’s Decision
[iv] The Trial Judgment on the Merits
§ 8.05 "Unduly" Preventing or Lessening Competition
[1] Introduction
[2] Background to the PANS Decision
[3] The PANS Decision
[a] Introduction
[b] Inquiries Into Market Structure
[c] Behavior of the Parties
[d] The Combination of Market Structure and Behavior
§ 8.06 The Defenses and Exceptions in Section 45
[1] Introduction
[2] Section 45(3) and (4)
[3] The Export Defense--Sections 45(5) and (6)
[4] Standards of Competence and Integrity--Section 45(7)
[5] Other Statutory Defenses
[6] Regulated Conduct Exemption
§ 8.07 Bid Rigging
§ 8.08 Foreign-Directed Conspiracies
§ 8.09 Specialization Agreements
[1] Introduction
[2] Background to and Purpose of the Provisions
[3] The Elements of Specialization Agreements
[4] The Registration Process
[5] Amending a Specialization Agreement
[6] The Practicality of the Provisions
§ 8.10 Agreements Relating to Professional Sport
§ 8.11 Agreements Between Federal Financial Institutions
[1] Legislative History
[2] The Elements of Section 49
[a] An Agreement Between Federal Financial Institutions
[b] With Respect to Certain Things
[c] Mens Rea and Actus Reus Required by Section 49
[d] Exceptions
[3] Relationship to Section 45
§ 8.12 Enforcement and Corporate Immunity
[1] Introduction
[2] Enforcement Approach
[3] Immunity
CHAPTER 9 - Abuse of Dominant Position
§ 9.01 Legislative History and Enforcement Experience
[1] Monopoly Offence under the Combines Investigation Act
[2] 1986 Amendments
[3] Enforcement of the Abuse of Dominant Position Provisions
§ 9.02 Overview of the Abuse of Dominance Provisions
[1] Scope of the Provision
[2] "Class or Species of Business"
[3] Market Definition
[a] General Principles
[b] Product Market
[c] Geographic Market
[4] "Control"
[5] "The Meaning of "Practice"
[6] Anti-competitive Acts
[a] Non-Exhaustive Definition in Section 78
[b] Specific Examples of Conduct Considered by the Competition Tribunal
[i] Contract Terms Associated with Exclusivity
[ii] Pressuring Supplier to Withhold Supply from Competitor
[iii] Contractual Exclusion of Potential Competitors
[iv] Acquisitions of Competitors
[v] Selling Below Cost
[vi] Aggressive "Targeting" of New Entry
[vii] Use of a United States Patent to Foreclose Competition in Canada
[viii] Threats of "Spurious Litigation"
[ix] Abuse of Governmental Reporting Requirements
[x] Loyalty Programs
[c] Essential Facilities
[i] Foreign Authorities
[d] Other Possible Categories of Anti-Competitive Acts
[7] Substantial Prevention or Lessening of Competition
§ 9.03 Joint Dominance
[1] Market Share Thresholds
[2] European Union
[3] United States
§ 9.04 Relationship to Other Provisions
[1] Conspiracy - Section 45
[2] Exclusive Dealing and Tied Selling
[3] Predatory Pricing
[4] Mergers
[5] Interventions Before Other Regulatory Bodies
§ 9.05 Remedies Available to the Competition Tribunal
[1] General Principles
[2] Specific Orders Considered by the Tribunal
§ 9.06 Defences and Limitations
[1] Superior Competitive Performance
[2] Intellectual Property Rights
[3] Limitation Period
§ 9.07 Comparison to Foreign Laws
[1] European Union
[2] United States
Volume 2
CHAPTER 10 - Mergers and Notifiable Transactions Under the Competition Act
§ 10.01 History and Overview of Merger Regulation in Canada
[1] Legislative History
[2] Enforcement of the Merger Provisions under the Former Combines Investigation Act
[3] Current Canadian Merger Law--Interpretation and Commentary
[4] General Overview of the Merger Provisions and the Notifiable Transactions Provisions of the Act
§ 10.02 Application and Scope of the Merger Provisions
[1] Definition of "Merger"
[2] Exemptions from the Merger Provisions
§ 10.03 The Anti-competitive Threshold
[1] Substantial Prevention or Lessening of Competition
[2] Market Definition
[a] Defining the Relevant Product
[b] Defining the Geographic Market
[c] Decisions of the Competition Tribunal and the Federal Court and Case Resolutions by the Director Pertaining to Market Definition
§ 10.04 Evaluative Criteria
[1] Market Shares
[2] Foreign Products and Competitors -- Subsection 93(a)
[3] Failing Business -- Subsection 93(b)
[4] Availability of Acceptable Substitutes--Subsection 93(c)
[5] Barriers to Entry--Subsection 93(d)
[6] Effective Competition Remaining--Subsection 93(e)
[7] Removal of Vigorous Competition--Subsection 93(f)
[8] Change and Innovation in the Market--Subsection 93(g)
[9] Other Factors--Subsection 93(h)
[10] Vertical Mergers and Conglomerate Mergers
§ 10.05 The Efficiency Exception
§ 10.06 Approach to Merger Review Resolution
[1] General Approach
[2] Voluntary Notification
[3] Confidentiality of Information Supplied to the Bureau or Filed in Proceedings before the Tribunal
[4] Timing of Merger Review
[5] Powers of the Tribunal
[a] Orders under Section 92
[b] Interim Orders
[c] Rescission or Variance of an Order
[6] Intervenors in Merger Proceedings Before the Tribunal
[7] Consent Orders
[a] Statutory Basis
[b] Role of Tribunal
§ 10.07 Merger Resolution to Date: Orders Issued by the Tribunal and Undertakings Accepted by the Director
[1] Consent Orders
[a] General Terms
[b] Terms Arising from Particular Circumstances
[i] Gemini
[ii] Asea Brown Boveri
[iii] Imperial Oil
[iv] Southam
[v] Hillsdown
[vi] Quebeor
[vii] Seaspan
[2] Undertakings
[a] General Considerations
[b] Use of Undertakings Endorsed by the Competition Tribunal and the Federal Court
[c] General Terms of Undertakings Obtained by the Director
[d] Terms Arising from Particular Circumstances
[3] Contested Mergers
§ 10.08 Advance Ruling Certificates and Advisory Opinions
§ 10.09 Notifiable Transactions
[1] Purpose and Legislative History
[2] Application
[a] Operating Business
[b] First Threshold--Size of Parties
[c] Second Threshold--Size of Transaction
[d] Mergers of Foreign Corporations
[e] Voting Shares and Convertible Securities
[f] Determination of Gross Revenues and Value of Assets
[3] Exemptions
[4] Notification Procedure
[a] Parties’ Choice of Short or Long-Form Notification
[b] Circumstances in Which the Commissioner May Require a Long-Form Notification
[c] Confidentiality
[d] Information that May Be Excluded from Notification
[e] Other Information
[f] Certification of Information Provided
[g] Waiting Periods
[5] Delaying Completion of Transaction
[6] Filling Strategies
[7] Unsolicited Take-Over Bids
[8] Completion of Notifiable Transactions and Consequences of Failure to Comply with Part IX
§ 10.10 Related Considerations
[1] Investment Canada Act
[2] Abuse of Dominant Position
[3] Interlocking Directorships
[4] Information Exchanges between Parties to a Proposed Merger
CHAPTER 11 - Regulated Conduct
§ 11.01 Introduction
§ 11.02 Legislative Proposals
§ 11.03 The Regulated Conduct Doctrine
§ 11.04 Extent of Authorization/Regulation
§ 11.05 Abdication/Forbearance by the Regulator
§ 11.06 Concurrent Jurisdiction
§ 11.07 Limitations on the Scope of the Regulated Conduct Doctrine
[1] Conduct Outside the Scope of the Regulation
[2] Conduct Which Impedes Regulation
§ 11.08 Applicability to Conduct within the Reviewable Matters Provisions of the Competition Act
§ 11.09 Procedural Issues
§ 11.10 Interventions by the Director before Regulatory Boards and Tribunals
§ 11.11 U.S. State Action Doctrine
CHAPTER 12 - Intellectual Property and Competition Law
§ 12.01  Introduction
§ 12.02  Historical Treatment of Intellectual Property by Canadian Competition Law
[1] Special Remedies--Section 32 Orders
[2] Unlawful Monopolization
§ 12.03  The Relationship Between the Competition Act and Intellectual Property Rights
[1] Price Maintenance
[2] Conspiracies to Lessen Competition Unduly
[3] Abuse of Dominance
[4] Product and Territorial Restrictions
[5] Refusal to Supply
[6] Mergers
§ 12.04  Competition Bureau Speeches and Guidelines
§ 12.05  Infringement Action Defences
§ 12.06  Foreign Antitrust Enforcement Involving Intellectual Property Rights
CHAPTER 13 - International Aspects of Competition Law
§ 13.01 Introduction
§ 13.02 Cooperation Between Canadian and Foreign Antitrust Authorities
[1] Treaties and International Cooperation by Enforcement Authorities
[a] The MLAT
[b] Other Canada/United States Agreements
[c] OECD Recommendation
[2] Confidentiality
[a] Protection under the Competition Act
[b] Protection Pursuant to the MLAT
§ 13.03 International Development of an Effects Test for Jurisdiction
[1] Canadian Experience with Extraterritoriality
§ 13.04 Liability of Canadians Under Foreign Laws
[1] Substantive Jurisdiction
[a] Application of "Effects" Jurisdiction
[b] Government or Government Directed Conduct
[c] International Comity Considerations
[d] U.S. Antitrust Enforcement Guidelines for International Operations
[e] Private Parties and U.S. States
[2] Procedural Issues in Private Actions
[a] Venue
[b] Service of Process
[c] Personal Jurisdiction
[d] Investigations and Proceedings in Criminal Matters
[3] Production of Documents
[a] Letters Rogatory
[b] Blocking Statutes
[4] Anti-Suit Injunctions
[5] Enforcement of Foreign Judgments
[6] Extradition From Canada
[a] Application of the Charter of Rights and Freedoms to Extradition and Rendition Proceedings
§ 13.05 Canadian Approach to an Effects Test
§ 13.06 Liability of Persons Outside Canada Under Canadian Competition Law
[1] Substantive Jurisdiction
[a] Territorial Scope of the Combines Investigation Act
[b] Territorial Scope of the Competition Act
[i] Conspiracy
[ii] Price Maintenance
[iii] Misleading Advertising
[iv] Civil Actions
[v] Refusal to Supply
[vi] Foreign Laws, Judgments or Directives
[vii] Mergers and Pre-Merger Notification
[viii] Abuse of Dominance
[ix] Conclusion
[2] Procedural and Enforcement Issues
[3] Obtaining Records Held by Foreign Affiliates
[4] Searching Computer Data
[5] Jurisdiction Over Persons
[6] Corporations
[7] Individuals
[8] Trial of an Accused in Absentia
[9] Extradition to Canada
[a] Extradition Act and Treaties
[b] Rendition
§ 13.07 Export Agreements and Shipping Conferences
§ 13.08 Impact of the NAFTA on Canadian Competition Laws
[1] Competition Policy Under the FTA and the NAFTA
[2] Dispute Settlement Under the FTA and NAFTA
§ 13.09 Canadian Dumping Laws
[1] Special Import Measures Act
[2] Scope for Recognizing Competitive Effects of Trade Laws in Canadian Dumping Proceesings
§ 13.10 Foreign Investment Review
[1] Regulation of Foreign Investment in Canada
[2] The Investment Canada Act
[a] Application of the Investment Canada Act
[b] Who is a "Non-Canadian"?
[c] "Acquisition of Control"
[d] Thresholds for Reviewable Acquisitions
[i] WTO Investors
[ii] Review Thresholds for WTO Investors
[iii] Businesses Excluded from WTO Review Thresholds
[iv] General Review Thresholds
[e] The Review Criterion--"Net Benefit to Canada"
[f] Timing of Review Procedure
[g] Remedies under the Investment Canada Act
[h] Practice to Date
APPENDICES on the CD ROM
APPENDIX A - LEGISLATION
Appendix A1 Table of Concordance
Appendix A2 Competition Act
Appendix A3 Competition Tribunal Act
Appendix A4 Mutual Legal Assistance in Criminal Matters Act
Appendix A5 Excerpts from Criminal Code
Appendix A6 Extradition Act
Appendix A7 Excerpts from Interpretation Act
Appendix A8 Consumer Packaging and Labelling Act
Appendix A9 Precious Metals Marking Act
Appendix A10 Textile Labelling Act
Appendix A11 Excerpts from Canada Transportation Act
Appendix A12 Shipping Conferences Exemption Act, 1987
Appendix A13 Excerpts from Farm Products Agencies Act
Appendix A14 Excerpts from Energy Supplies Emergency Act
APPENDIX B - REGULATIONS
Appendix B1 Competition Tribunal Rules
Appendix B2 Notifiable Transactions Regulations
Appendix B3.1 Notifiable Transactions - Short Form
Appendix B3.2 Notifiable Transactions - Long Form
Appendix B4 Regulations Respecting Anti-Competitive Acts of Persons Operating a Domestic Service
APPENDIX C - GUIDELINES
Appendix C1 Merger Enforcement Guidelines
Appendix C1.1 The Merger Enforcement Guidelines as Applied to a Bank Merger
Appendix C2 Table of Mergers
Appendix C3 Note: "The Information Bulletin on Advance Ruling Certificates" (Superseded Notifiable Transactions and Advance Ruling Certificates under the Competition Act: Procedures Guide. See Appendix C15)
Appendix C4 Information Bulletin on Program of Compliance
Appendix C5 Price Discrimination Enforcement Guidelines
Appendix C6 Predatory Pricing Enforcement Guidelines
Appendix C7 Misleading Advertising Guidelines
Appendix C8 Information Bulletin on Multi-Level Marketing Plans
Appendix C9 Information Bulletin on Confidentiality
Appendix C10 Information Bulletin on Strategic Alliances
Appendix C11 Promotional Contests - Section 74.06 of the Competition Act
Appendix C12 Corporate Compliance Program
Appendix C13 Competition Bureau Industry Canada Fee and Service Standards
Appendix C13.1 Competition Bureau Industry Canada Fee and Service Standards Handbook-Frequently Asked Questions
Appendix C13.1 Competition Bureau Fee and Service Standards Handbook—Frequently Asked Questions – Merger Review and Written Opinions
Appendix C13.2 Competition Bureau Fee and Service Standards Handbook—Frequently Asked Questions – Merger Review
Appendix C13.3 Competition Bureau Fee and Service Standards Handbook—Frequently Asked Questions – Written Opinions
Appendix C13.4 Competition Bureau Fee and Service Standards Handbook—Frequently Asked Questions – Annex A: Service Standards, Fees and Applicable Taxes
Appendix C13.5 Competition Bureau Fee and Service Standards Handbook—Frequently Asked Questions – Annex B: Contact Information
Appendix C14 Competition Bureau Fee and Service Standards Handbook
Appendix C15 Notifiable Transactions and Advance Ruling Certificates under the Competition Act: Procedures Guide
Appendix C16 Competition Bureau Interpretation Guidelines Relating to Merger Prenotification
Appendix C17 Information Bulletin: Interception of Private Communications and the Competition Act
Appendix C18 Information Bulletin: Ordinary Price Claims-Subsections 74.01(2) and 74.01(3) of the Competition Act
Appendix C19 Information Bulletin: Telemarketing-Section 52.1 of the Competition Act
Appendix C20 Information Bulletin: Misleading Representations and Deceptive Marketing Practices: Choice of Criminal or Civil Track Under the Competition Act
Appendix C21 Intellectual Property Guidelines
Appendix C22 Information Bulletin: Immunity Program Under the Competition Act
Appendix C22.1 Federal Prosecution Service Deskbook: Policy in Certain Types of Litigation
Appendix C23 Information Bulletin: Conformity Continuum
Appendix C24 Guide to Consumer Packaging and Labelling Act and Regulations
Appendix C25 Guidelines for the Deceptive Prize Notice Provisions of the Competition Act
Appendix C26 Enforcement Policy on the Marketing of Canadian Diamonds
Appendix C27 Guide for the Labelling and Advertising of Pet Foods
Appendix C28 Guide for the Canadian Care Labelling Program
Appendix C29 Options for the Internationalization of Competition Policy: Defining Canadian Interests
Appendix C30 Enforcement Guidlines on the Abuse of Dominance Provisions
Appendix C31 The Abuse of Dominance Provisions as Applied to the Canadian Grocery Sector
Appendix C32 Application of the Competition Act to Representations on the Internet
Appendix C33 CRTC/Competition Bureau Interface
Appendix C34 Information Bulletin on Private Access to the Competition Tribunal
APPENDIX D - TREATIES
Appendix D1 Treaty Between the Government of Canada and the Government of the United States of America on Mutual Legal Assistance
Appendix D2 Agreement Between the Government of Canada and the Government of the United States of America Regarding the Applications of Their Competition and Deceptive Marketing Practices Laws
Appendix D3 Excerpts from NAFTA
Appendix D4 Extradition Treaty
Appendix D5 Agreement Between the Government of Canada and the European Communities Regarding the Application of Their Competition Laws
Appendix D6 Cooperation Arrangement Between the Commissioner of Competition (Canada), the Australian Competition and Consumer Commission and the New Zealand Commerce Commission Regarding the Application of their Competition and Consumer Laws
Appendix D7 Memorandum of Understanding Between the Commissioner of Competition (Canada) and the Fiscal Nacional Economico (Chile) Regarding the Application of their Competition Laws
Appendix D8 Chapter J (Competition Policy, Monopolies, and State Enterprises), Canada-Chile Free Trade Agreement
Appendix D9 Chapter Seven (Competition Policy), Free Trade Agreement Between the Government of Canada and the Government of the State of Israel
Appendix D10 Chapter XI (Competition Policy), Canada-Costa Rica Free Trade Agreement
Appendix D11 Canada-UK Cooperation Agreement
APPENDIX E - MERGER CASES
Appendix E1 DIR v. Hillsdown Holdings Ltd.
Appendix E2 Southam Inc.
Appendix E2.2 Southam Inc. – Reasons and Order – Competition Tribunal (Dec 10, 1992)
Appendix E2.3 Southam Inc. – Order regarding Divestiture (March 8, 1993)
Appendix E2.4 Southam Inc. – Reasons for Judgement Federal Court of Appeal (August 8, 1995)
Appendix E2.5 Southam Inc. – Judgement of Supreme Court of Canada (March 20, 1997)
Appendix E3 DIR v. Imperial Oil Ltd. - Reasons and Decision - Competition Tribunal (January 26, 1990)
Appendix E4 Director of Investigation and Research v. Quebecor Printing Inc.
Appendix E5.1 Commissioner of Competition v. Lafarge S.A. – Consent Order – Competition Tribunal (August 1, 2001)
Appendix E5.2 Commissioner of Competition v. Lafarge S.A. – Statement of Grounds and Material Facts – (June 15, 2001)
Appendix E5.3 Commissioner of Competition v. Lafarge S.A. – Consent Order Impact Statement – (June 15, 2001)
Appendix E6.1Commissioner of Competition v. Trilogy Retail Enterprises L.P., Chapters Inc., Indigo Books & Music Inc. – Consent Order – Competition Tribunal (June 6, 2001)
Appendix E6.2Commissioner of Competition v. Trilogy Retail Enterprises L.P., Chapters Inc., Indigo Books & Music Inc. – Reasons for Consent Order – Competition Tribunal (July 13, 2001)
Appendix E7 Commissioner of Competition v. Superior Propane Inc. and ICG Propane Inc.
Appendix E7.1 Commissioner of Competition v. Superior Propane Inc. and ICG Propane Inc. – Reasons and Order (Final) – Competition Tribunal (August 30, 2000)
Appendix E7.2 Commissioner of Competition v. Superior Propane Inc. and ICG Propane Inc. – Reasons and Judgment – Federal Court of Appeal (April 4, 2001)
Appendix E7.3 Commissioner of Competition v. Superior Propane Inc. and ICG Propane Inc. – Reasons and Order Following Reasons and Judgment of Federal Court of Appeal – Competition Tribunal (April 4, 2002)
Appendix E8.1 Commissioner of Competition v. United Grain Growers – Consent Order – Competition Tribunal (February 19, 2002)
Appendix E8.2 Commissioner of Competition v. United Grain Growers – Statement of Grounds and Materials Facts – (December 17, 2001)
Appendix E8.3 Commissioner of Competition v. United Grain Growers – Consent Order Impact Statement – (December 17, 2001)
Appendix E9.1 Commissioner of Competition v. Abitibi-Consolidated Inc. – Consent Order – Competition Tribunal (February 21, 2002)
Appendix E9.2 Commissioner of Competition v. Abitibi-Consolidated Inc. – Statement of Grounds and Material Facts – (December 18, 2001)
Appendix E9.3 Commissioner of Competition v. Abitibi-Consolidated Inc. – Consent Order Impact Statement – (December 18, 2001)
Appendix E10.1 Commissioner of Competition v. Quebecor Inc. – Consent Order – Competition Tribunal (January 15, 2001)
Appendix E10.2 Commissioner of Competition v. Quebecor Inc. – Statement of Grounds and Material Facts – (November 10, 2000) [French version only]
Appendix E11.1 Commissioner of Competition v. Canadian Waste Services Holdings Inc., Canadian Waste Services Inc. and Waste Management, Inc. – Reasons and Order – Competition Tribunal (March 28, 2001)
Appendix E11.2 Commissioner of Competition v. Canadian Waste Services Holdings Inc., Canadian Waste Services Inc. and Waste Management, Inc. – Reasons and Decision regarding Remedy – Competition Tribunal (October 3, 2001)
Appendix E12.1 Commissioner of Competition v. Ultramar – Reasons and Order – Competition Tribunal (April 26, 2000)
Appendix E12.2 Commissioner of Competition v. Ultramar – Statement of Grounds and Material Facts – (February 16, 2000)
Appendix E13.1 Director of Investigation and Research v. Asea Brown Boveri Inc. – Information Notes – (September 6, 1989 & March 16, 1990)
Appendix E13.2 Director of Investigation and Research v. Asea Brown Boveri Inc. – Reasons for Order – Competition Tribunal (June 15, 1989)
Appendix E13.3 Director of Investigation and Research v. Asea Brown Boveri Inc. – Order Varying Order of June 15, 1989 – Competition Tribunal (December 18, 1989)
Appendix E13.4 Director of Investigation and Research v. Asea Brown Boveri Inc. – Reasons for Order Varying Order of June 15, 1989 – Competition Tribunal (March 16, 1990)
Appendix E14.1 Director of Investigation and Research v. Air Canada – Reasons for Consent Order – Competition Tribunal (July 7, 1989)
Appendix E14.2 Director of Investigation and Research v. Air Canada – Consent Order – Competition Tribunal (July 7, 1989)
Appendix E14.3 Director of Investigation and Research v. Air Canada – Reasons and Order Varying July 7, 1989 Order – Competition Tribunal (April 22, 1993)
Appendix E14.4 Director of Investigation and Research v. Air Canada – Reasons and Judgment – Federal Court of Appeal (July 30, 1993)
Appendix E14.5 Director of Investigation and Research v. Air Canada – Order Varying Consent Order of July 7, 1989 – Competition Tribunal (November 24, 1993)
Appendix E14.6 Director of Investigation and Research v. Air Canada – Reasons for Order Varying Consent Order of July 7, 1989 – Competition Tribunal (December 1, 1993)
Appendix E15.1 Commissioner of Competition v. British American Tobacco p.l.c. – Consent Order – Competition Tribunal (August 6, 1999)
Appendix E15.2 Commissioner of Competition v. British American Tobacco p.l.c. – Statement of Grounds and Material Facts – (May 13, 1999)
Appendix E15.3 Commissioner of Competition v. British American Tobacco p.l.c. – Consent Order Impact Statement – (May 13, 1999)
Appendix E16.1 Director of Investigation and Research v. Canadian Waste Services Inc. and Capital Environmental Resource Inc. – Notice of Application for a Consent Order – (March 6, 1998)
Appendix E16.2 Director of Investigation and Research v. Canadian Waste Services Inc. and Capital Environmental Resource Inc. – Consent Order – Competition Tribunal (April 23, 1998)
Appendix E17.1 Director of Investigation and Research v. ADM Agri-Industries, Ltd. – Notice of Application for a Consent Order – (March 21, 1997)
Appendix E17.2 Director of Investigation and Research v. ADM Agri-Industries, Ltd. – Impact Statement – (March 21, 1997)
Appendix E17.3 Director of Investigation and Research v. ADM Agri-Industries, Ltd. – Consent Order – Competition Tribunal (May 8, 1997)
Appendix E18.1 Director of Investigation and Research v. Canadian Waste Services Inc. – Notice of Application for a Consent Order – (March 5, 1997)
Appendix E18.2 Director of Investigation and Research v. Canadian Waste Services Inc. – Impact Statement – (March 5, 1997)
Appendix E18.3 Director of Investigation and Research v. Canadian Waste Services Inc. – Consent Order – Competition Tribunal (April 17, 1997)
Appendix E18.4 Director of Investigation and Research v. Canadian Waste Services Inc. – Reasons for Consent Order – Competition Tribunal (April 17, 1997)
Appendix E19.1 Director of Investigation and Research v. Dennis Washington et al. – Notice of Application for a Consent Order – (January 13, 1997)
Appendix E19.2 Director of Investigation and Research v. Dennis Washington et al. – Consent Order – Competition Tribunal (January 29, 1997)
Appendix E19.3 Director of Investigation and Research v. Dennis Washington et al. – Reasons for Consent Order – Competition Tribunal (January 29, 1997)
Appendix E19.4 Director of Investigation and Research v. Dennis Washington et al. – Order Varying Consent Order of January 29, 1997 – Competition Tribunal (March 9, 1998)
Appendix E20 Nova/Polysar
AAppendix E21.1 Molson/Carling – Competition Bureau News Release
Appendix E21.2 Molson/Carling – Backgrounder
Appendix E22.1 Wardair – Competition Bureau News Release (April 14, 1989)
Appendix E22.2 Wardair – Backgrounder
Appendix E22.3 Wardair – Competition Bureau News Release (April 24, 1989)
Appendix E23.1 Loblaws/Provigo – Competition Bureau News Release
Appendix E23.2 Loblaws/Provigo – Backgrounder
Appendix E24.1 Sobeys/Oshawa Group – Competition Bureau News Release
Appendix E24.2 Sobeys/Oshawa Group – Backgrounder
Appendix E25.1 Consumers Packaging/Domglas – Competition Bureau News Release
Appendix E25.2 Consumers Packaging/Domglas – Backgrounder
Appendix E26.1 Schneider/Square D – Competition Bureau News Releases and Backgrounder
Appendix E26.2 Schneider/Square D – Undertaking
Appendix E27 Maple Leaf Mills/Ogilvie Mills
APPENDIX F - ABUSE OF DOMINANCE CASES
Appendix F1 Director of Investigation & Research v. NutraSweet Company
Appendix F2 Director of Investigation & Research v. Laidlaw Waste Systems Ltd.
Appendix F3.1 Commissioner of Competition v. Enbridge Services Inc. – Consent Order – Competition Tribunal (February 20, 2002)
Appendix F3.2 Commissioner of Competition v. Enbridge Services Inc. – Statement of Grounds and Material Facts – (December 18, 2001)
Appendix F3.3 Commissioner of Competition v. Enbridge Services Inc. – Statement of Grounds and Material Facts (Addendum) – (February 15, 2002)
Appendix F3.4 Commissioner of Competition v. Enbridge Services Inc. – Consent Order Impact Statement – (December 18, 2001)
Appendix F4.1 Director of Investigation and Research v. D & B Companies of Canada Ltd. – Reasons for Order – Competition Tribunal (August 30, 1995)
Appendix F4.2 Director of Investigation and Research v. D & B Companies of Canada Ltd. – Consolidated Order – Competition Tribunal (August 30, 1995)
Appendix F5.1 Director of Investigation and Research v. AGT Directory Limited – Consent Order – Competition Tribunal (November 18, 1994)
Appendix F5.2 Director of Investigation and Research v. AGT Directory Limited – Statement of Grounds and Material Facts – (September 20, 1994)
Appendix F5.3 Director of Investigation and Research v. AGT Directory Limited – Consent Order Impact Statement – (September 20, 1994)
Appendix F6.1 Director of Investigation and Research v. Bank of Montreal – Consent Order – Competition Tribunal (June 20, 1996)
Appendix F6.2 Director of Investigation and Research v. Bank of Montreal – Statement of Grounds and Material Facts – (December 14, 1995)
Appendix F6.3 Director of Investigation and Research v. Bank of Montreal – Consent Order Impact Statement – (December 14, 1995)
Appendix F7 Director of Investigation and Research v. Tele-Direct (Publications) Inc.
Appendix F8.1 Digital Equipment – Competition Bureau News Release
Appendix F8.2 Digital Equipment – Undertaking
Appendix F9.1 Heinz Canada – Undertaking
Appendix F9.2 Heinz Canada – Backgrounder
Appendix F9.3 Heinz Canada – Competition Bureau News Release
Appendix F10.1 Insurance Corporation of British Columbia – Competition Bureau News Release
Appendix F10.2 Insurance Corporation of British Columbia – Undertaking
Appendix F11 Commisioner of Competition V. Canada Pipe - Reason and Order - Competition Tribunal (February 3, 2005)
APPENDIX G REFUSAL TO DEAL CASES
Appendix G1aDirector of Investigation & Research v. Chrysler Canada Ltd. – Reasons and Order – Competition Tribunal (October 13, 1989)
Appendix G1bDirector of Investigation & Research v. Chrysler Canada Ltd. – Judgement – Supreme Court of Canada (June 25, 1992)
Appendix G1cDIR v. Chrysler – Reasons and Order rescinding order of October 13/89 – Competition Tribunal (December 17, 1993)
Appendix G2 Director of Investigation & Research v. Xerox Canada Ltd.
Appendix G3 DIR v. Warner Decision
APPENDIX G.1 - PRICE MAINTENANCE CASES
Appendix G.1.1a R. v. Simmons Limited – Order – (October 15, 1984) [Ont. Prov. Ct.]
Appendix G.1.1b R. v. Simmons Limited – Agreed Statement of Facts
Appendix G.1.2 R. v. Euroclean Canada Inc.
Appendix G.1.3a R v. Camrost Group Limited – Reasons for Judgment – (May 10, 1985) [Ont.Div.Ct.]
Appendix G.1.3b R v. Camrost Group Limited – Reasons for Sentence – (June 4, 1985) [Ont.Div.Ct.]
Appendix G.1.4 R. v. Silverwood Industries Limited
Appendix G.1.5 R. v. Great West Imports Ltd.
Appendix G.1.6a R. v. 41813 Alberta Ltd. – Reasons for Judgment [Alta.Ct.Q.B.]
Appendix G.1.6b R. v. 41813 Alberta Ltd. – Reasons for Sentence – (March 24, 1993) [Alta.Ct.Q.B.]
Appendix G.1.6c R. v. Royal Lepage Real Estate Services Ltd. – Reasons for Sentence – (December 20, 1994) [Alta.Ct.Q.B.]
APPENDIX H - CONSPIRACY CASES
Appendix H1.1 Supreme Court of Canada Decision in Nova Scotia Pharmaceutical Society et al. of July 9, 1992
Appendix H1.2 Nova Scotia Supreme Court (Trial Division) Decision in R. v. Nova Scotia Pharmaceutical Society (February 26, 1993)
Appendix H2 R. v. York-Hanover Hotels Ltd. et al.
Appendix H3.1 R. v. Davis Wire Industries Ltd. et al. – Agreed Statement of Facts – (November, 1992) [Sup. Ct. B.C.]
Appendix H3.2 R. v. Davis Wire Industries Ltd. et al. – Order of Prohibition – (November, 1992) [Sup. Ct. B.C.]
Appendix H3.3 R. v. Davis Wire Industries Ltd. et al. – Reasons for Sentence – (November 5, 1992) [Sup. Ct. B.C.]
Appendix H4 R. v. Thomson Newspapers Ltd.
Appendix H5 Canada (Attorney General) et al. v. Law Society of British Columbia et al.; Donald Jabour v. Law Society of British Columbia et al. and Canada (Attorney General) et al.
APPENDIX I - MISLEADING ADVERTISING CASES
Appendix I1 Simpsons-Sears Limited Case
Appendix I2 R. v. Pepsi-Cola Canada Ltd.
APPENDIX J - ENFORCEMENT CASES
Appendix J1 Canada Pipe Case
Appendix J2.1 Re: Air Canada – Cease and Desist Order – Commissioner of Competition (October 12, 2000)
Appendix J2.2 Air Canada v. Commissioner of Competition and I.M.P. Group Ltd. (CanJet Airlines) – Order Varying Cease and Desist Order – Competition Tribunal (November 24, 2000)
Appendix J2.3 Air Canada v. Commissioner of Competition and I.M.P. Group Ltd. (CanJet Airlines) – Reasons for Order – Competition Tribunal (December 7, 2000)
Appendix J2.4 Air Canada v. Commissioner of Competition and I.M.P. Group Ltd. (CanJet Airlines) – Reasons and Judgment – Federal Court of Appeal (March 22, 2002)
Appendix J3 Thomson Newspapers Ltd. v. Canada (Director of Investigation and Research, Restrictive Trade Practices Commission)
Appendix J4 Canada (Commissioner of Competition) v. Air Canada et al.
Appendix J5 R. v. Consolidated Fastfrate Transport Inc.
Appendix J6 R. v. Brown Shoe Company of Canada Limited
APPENDIX K - SPEECHES
Appendix K1 The Competition Act as It Relates to the Regulated Sector
Appendix K2 The Competition Act and the Professions
Appendix K3 Beyond Merriment and Diversion: the Treatment of Conspiracies under Canada's Competition Act
Appendix K4 Cartels and Amnesty: The State of Play in Canada
Appendix K5 The Use of Section 11 Orders Under the Competition Act
Appendix K6 An Overview of the Abuse of Dominance Provisions of the Competition Act
Appendix K7 Bill C-23, An Act to Amend the Competition Act and Competition Tribunal Act
APPENDIX L - ADVISORY OPINIONS
Appendix L1 Proposed Bank Mergers
Appendix L2 Competition Bureau Advisory Opinions on Buying Groups
Appendix L3 Applicability of the Collective Bargaining Exception
Appendix L4 Letter to Toronto-Dominion Bank & Canada Trust
