Global Competition Law is primarly a practitioner's guide presenting the most salient aspects of the major competition laws country by country, giving an overview of their structure and most charasteristic elements.
Global Competition Law also provides insight into possible future developments in the field.

Global Competition Law

Canadian competition law is considered to have extraterritorial effect where the actions of an undertaking provoke anticompetitive effect in Canada, regardless of whether the activity is carried out in Canada or elsewhere.
In response to a Supreme Court decision granting immunity to two Crown corporations, i.e. State corporations, involved in a uranium cartel (The Queen v. Uranium Canada Ltd., (19 …

Scope

Canada first enacted competition law legislation in 1889. Now the Competition Act of 1985 governs matters relating to competition. It contains both civil and criminal provisions. The development of competition regulations has moved towards a de-criminalization of behaviors and major reforms were introduced in 1986 by the Competition Act reinforcing a continuing trend toward civil enforcement by making abuse of dominant position and mergers subject only to civil review. Further amendments to the Competition Act were made in 1999 and 2001 concerning, inter alia, an increase in the investigative powers of the Competition Authority and an extension of the scope of third-party actions. This trend continued with amendments to the Competition Act on 12 March 2009 after the Budget Implementation Act which repealed different prohibitions on restrictive practices (price discrimination, allowances, abusively low prices). The reformed provisions relating specifically to criminal provisions of the Act came into force on 13 March 2010. Amendments were recently made and came into force in June 2022 and December 2023 to modernize Canada's competition law.

Context

Canadian competition law is considered to have extraterritorial effect where the actions of an undertaking provoke anticompetitive effect in Canada, regardless of whether the activity is carried out in Canada or elsewhere.

In response to a Supreme Court decision granting immunity to two Crown corporations, i.e. State corporations, involved in a uranium cartel (The Queen v. Uranium Canada Ltd., (1983) 2 S.C.R. 551), the 1986 amendments to the Competition Act added Section 2.1, which provides that Crown corporations do not benefit from any immunity under the Competition Act with respect to their commercial activities. Thus, the Competition Act extends to both private corporations and to the commercial activities of federal and provincial Crown corporations.

The Act applies to all sectors of the economy, with limited exceptions, such as collective bargaining agreements, agreements between fishermen and fish processing firms, security underwriting agreements and amateur sports agreements. Certain banking transactions are exempt from the conspiracy provisions of the Canadian Competition Act.

Global Competition Law

852. Scope

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Les notions juridiques connexes

852. Scope

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Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise