Competition Law of Canada
Calvin S. Goldman and John D. Bodrug, Editors
Price: $295.00 1500 pages. 2 Looseleaf Volumes and one CD Rom. Appendices. Table of Cases. Updated Annually or when Needed.
ISBN-13: 978-1-57823-096-9 / ISBN-10: 1-57823-096-9
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VOLUME 1
CHAPTER 1 - Introduction
1.01 History of the Legislation
1.02 Scope of the Competition Act
1.03 Subject Matter Jurisdiction
1.04 Exemptions from the Legislation
1.05 {Reserved}
1.06 Constitutionality of the Act
CHAPTER 2 - Common Law/Non-Statutory Aspects of Competition Law
2.01 Introduction
2.02 Contracts in Restraint of Trade
2.03 Conspiracy
2.04 Inducing Breach of Contract
2.05 Unlawful Interference with Economic Interests
2.06 Misleading Advertising
CHAPTER 3 - Enforcement of Competition Law
3.01 Introduction
3.02 Investigations by the Commissioner
3.03 Criminal Proceedings
3.04 Evidentiary Rules
3.05 Criminal Remedies
3.06 Civil Proceedings
CHAPTER 4 - Pricing Practices
4.01 Introduction
4.02 Price Discrimination
4.03 Promotional Allowances
4.04 Regional Price Discrimination
4.05 Predatory Pricing
4.06 Price Maintenance
CHAPTER 5 - Distribution Practices
5.01 Introduction
5.02 Refusal to Deal
5.03 Discriminatory Delivery Practices
5.04 Refusal to Supply or Other Discrimination by a Foreign Supplier
5.05 Consignment Selling
5.06 Exclusive Dealing, Tied Selling, and Market Restrictions
5.07 Enforcement of Foreign Judgments and Laws
5.08 Private Applications Before theTribunal
CHAPTER 6 - Unfair Sales Practices
6.01 Introduction
6.02 Misleading Representations
6.03 Specific Forms of Misleading Representations
6.04 Deceptive Marketing Practices
6.05 Other Federal Legislation
6.06 Other Possible Avenues of Complaint
CHAPTER 7 - Provincial Marketing Legislation
7.01 Introduction
7.02 Trade Practices Legislation
7.03 Warranty Legislation
7.04 Specific Industries or Products
7.05 Quebec Language Legislation
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
8.03 The "Agreement" Requirement in Section 45
8.04 The Mens Rea Requirements of Section 45
8.05 "Unduly" Preventing or Lessening Competition
8.06 The Defenses and Exceptions in Section 45
8.07 Bid Rigging
8.08 Foreign-Directed Conspiracies
8.09 Specialization Agreements
8.10 Agreements Relating to Professional Sport
8.11 Agreements Between Federal Financial Institutions
8.12 Enforcement and Corporate Immunity
CHAPTER 9 - Abuse of Dominant Position
9.01 Legislative History and Enforcement Experience
9.02 Overview of the Abuse of Dominance Provisions
9.03 Joint Dominance
9.04 Relationship to Other Provisions
9.05 Remedies Available to the Competition Tribunal
9.06 Defenses and Limitations
9.07 Comparison to Foreign Laws
Volume 2
CHAPTER 10 - Mergers and Notifiable Transactions Under the Competition Act
10.01 History and Overview of Merger Regulation
10.02 Application and Scope of Merger Provisions
10.03 The Anti-Competitive Threshold
10.04 Evaluative Criteria
10.05 The Efficiency Exception
10.06 Approach to Merger Review Resolution
10.07 Advance Ruling Certificates and No Action Letters
10.08 Merger Resolution
10.09 Notifiable Transactions
10.10 Related Considerations
10.11 Key Merger Cases
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
11.08 Applicabilty 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
12.03 The Relationship Between the Competition Act and Intellectual Property Rights
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
13.03 International Development of an Effects Test for Jurisdiction
13.04 Liability of Canadians Under Foreign Law
13.05 Canadian Approach to an Effects Test
13.06 Liability of Persons Outside Canada Under Canadian Competition Law
13.07 Export Agreements and Shipping Conferences
13.08 Impact of NAFTA on Canadian Competition Law
13.09 Canadian Dumping Laws
13.10 Foreign Investment Review
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 A15 Excerpt from Tobacco Act
Appendix A16 Excerpt from Copyright 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 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 C26.1 Interpretation Bulletin 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 C35 Information Bulletin on Merger Remedies in Canada
Appendix C36 Technical Bulletin on "Regulated" Conduct
Appendix C37 Environmental claims: A guide for industry and advertisers
Appendix C38 Information Bulletin on the Abuse of Dominance Provisions as Applied to the Telecommunications Industry
Appendix C39 Information Bulletin Sections 15 and 16 of the Competition Act
Appendix C40 Online Bid-Rigging Prevention Tool
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 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 Commissioner of Competition v. Lafarge S.A.
Appendix E6 Commissioner of Competition v. Trilogy Retail Enterprises L.P., Chapters Inc., Indigo Books & Music Inc.
Appendix E7 Commissioner of Competition v. Superior Propane Inc. and ICG Propane Inc.
Appendix E8 Commissioner of Competition v. United Grain Growers
Appendix E9 Commissioner of Competition v. Abitibi-Consolidated Inc.
Appendix E10 Commissioner of Competition v. Quebecor Inc.
Appendix E11 Commissioner of Competition v. Canadian Waste Services Holdings Inc., Canadian Waste Services Inc. and Waste Management, Inc.
Appendix E12 Commissioner of Competition v. Ultramar
Appendix E13 Director of Investigation and Research v. Asea Brown Boveri Inc.
Appendix E14 Director of Investigation and Research v. Air Canada
Appendix E15 Commissioner of Competition v. British American Tobacco p.l.c.
Appendix E16 Director of Investigation and Research v. Canadian Waste Services Inc. and Capital Environmental Resource Inc.
Appendix E17 Director of Investigation and Research v. ADM Agri-Industries, Ltd.
Appendix E18.1 Director of Investigation and Research v. Canadian Waste Services Inc.
Appendix E19.1 Director of Investigation and Research v. Dennis Washington et al.
Appendix E20 Nova/Polysar
Appendix E21 Molson/Carling
Appendix E22 Wardair
Appendix E23 Loblaws/Provigo
Appendix E24 Sobeys/Oshawa Group
Appendix E25 Consumers Packaging/Domglas
Appendix E26 Schneider/Square D
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 Commissioner of Competition v. Enbridge Services Inc.
Appendix F4 Director of Investigation and Research v. D & B Companies of Canada Ltd.
Appendix F5 Director of Investigation and Research v. AGT Directory Limited
Appendix F6 Director of Investigation and Research v. Bank of Montreal
Appendix F7 Director of Investigation and Research v. Tele-Direct (Publications) Inc.
Appendix F8 Digital Equipment
Appendix F9 Heinz Canada
Appendix F10 Insurance Corporation of British Columbia
Appendix F11 Commisioner of Competition V. Canada Pipe - Reason and Order - Competition Tribunal (February 3, 2005)APPENDIX G REFUSAL TO DEAL CASES
Appendix G1 Director of Investigation & Research v. Chrysler Canada Ltd.
Appendix G2 Director of Investigation & Research v. Xerox Canada Ltd.
Appendix G3 DIR v. Warner Decision
APPENDIX G.1 - PRICE MAINTENANCE CASES
Appendix G.1.1 R. v. Simmons Limited - Order
Appendix G.1.2 R. v. Euroclean Canada Inc.
Appendix G.1.3 R v. Camrost Group Limited - Reasons for Judgment
Appendix G.1.4 R. v. Silverwood Industries Limited
Appendix G.1.5 R. v. Great West Imports Ltd.
Appendix G.1.6 R. v. 41813 Alberta Ltd.
APPENDIX H - CONSPIRACY CASES
Appendix H1 Supreme Court of Canada Decision in Nova Scotia Pharmaceutical Society et al. of July 9, 1992
Appendix H2 R. v. York-Hanover Hotels Ltd. et al.
Appendix H3 R. v. Davis Wire Industries Ltd. et al. - Agreed Statement of Facts
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 J2.2 Air Canada v. Commissioner of Competition and I.M.P. Group Ltd. (CanJet Airlines)
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