Competition Act (R.S.C., 1985, c. C-34)

Act current to 2014-06-12 and last amended on 2010-03-12. Previous Versions

Marginal note:Unpaid monetary penalty

 The amount of an administrative monetary penalty imposed on an entity under subsection 79(3.1) is a debt due to Her Majesty in right of Canada and may be recovered as such from that entity in a court of competent jurisdiction.

  • 2002, c. 16, s. 11.5.

Delivered Pricing

Definition of “delivered pricing”

  •  (1) For the purposes of section 81, “delivered pricing” means the practice of refusing a customer, or a person seeking to become a customer, delivery of an article at any place in which the supplier engages in a practice of making delivery of the article to any other of the supplier’s customers on the same trade terms that would be available to the first-mentioned customer if his place of business were located in that place.

  • Definition of “trade terms”

    (2) For the purposes of subsection (1), the expression “trade terms” means terms in respect of payment, units of purchase and reasonable technical and servicing requirements.

  • R.S., 1985, c. 19 (2nd Supp.), s. 45.
Marginal note:Delivered pricing
  •  (1) Where, on application by the Commissioner, the Tribunal finds that delivered pricing is engaged in by a major supplier of an article in a market or is widespread in a market with the result that a customer, or a person seeking to become a customer, is denied an advantage that would otherwise be available to him in the market, the Tribunal may make an order prohibiting all or any of such suppliers from engaging in delivered pricing.

  • Marginal note:Exception where significant capital investment needed

    (2) No order shall be made against a supplier under this section where the Tribunal finds that the supplier could not accommodate any additional customers at a locality without making significant capital investment at that locality.

  • Marginal note:Exception where trade-mark used

    (3) No order shall be made against a supplier under this section in respect of a practice of refusing a customer delivery of an article that the customer sells in association with a trade-mark that the supplier owns or in respect of which the supplier is a registered user where the Tribunal finds that the practice is necessary to maintain a standard of quality in respect of the article.

  • R.S., 1985, c. 19 (2nd Supp.), s. 45;
  • 1999, c. 2, s. 37.

Foreign Judgments and Laws

Marginal note:Foreign judgments, etc.

 Where, on application by the Commissioner, the Tribunal finds that

  • (a) a judgment, decree, order or other process given, made or issued by or out of a court or other body in a country other than Canada can be implemented in whole or in part by persons in Canada, by companies incorporated by or pursuant to an Act of Parliament or of the legislature of a province, or by measures taken in Canada, and

  • (b) the implementation in whole or in part of the judgment, decree, order or other process in Canada, would

    • (i) adversely affect competition in Canada,

    • (ii) adversely affect the efficiency of trade or industry in Canada without bringing about or increasing in Canada competition that would restore or improve that efficiency,

    • (iii) adversely affect the foreign trade of Canada without compensating advantages, or

    • (iv) otherwise restrain or injure trade or commerce in Canada without compensating advantages,

    the Tribunal may, by order, direct that

  • (c) no measures be taken in Canada to implement the judgment, decree, order or process, or

  • (d) no measures be taken in Canada to implement the judgment, decree, order or process except in such manner as the Tribunal prescribes for the purpose of avoiding an effect referred to in subparagraphs (b)(i) to (iv).

  • R.S., 1985, c. 19 (2nd Supp.), s. 45;
  • 1999, c. 2, s. 37.