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Marginal note:Jurisdiction of Tribunal where refusal to deal

• 75 (1) Where, on application by the Commissioner or a person granted leave under section 103.1, the Tribunal finds that

  • (a) a person is substantially affected in his business or is precluded from carrying on business due to his inability to obtain adequate supplies of a product anywhere in a market on usual trade terms,

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  • (c) the person referred to in paragraph (a) is willing and able to meet the usual trade terms of the supplier or suppliers of the product,

  the Tribunal may order that one or more suppliers of the product in the market accept the person as a customer within a specified time on usual trade terms unless, within the specified time, in the case of an article, any customs duties on the article are removed, reduced or remitted and the effect of the removal, reduction or remission is to place the person on an equal footing with other persons who are able to obtain adequate supplies of the article in Canada.

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• Marginal note:Definition of trade terms

  (3) For the purposes of this section, the expression trade terms means terms in respect of payment, units of purchase and reasonable technical and servicing requirements.

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Marginal note:Powers of Federal Court where certain rights used to restrain trade

• 32 (1) In any case where use has been made of the exclusive rights and privileges conferred by one or more patents for invention, by one or more certificates of supplementary protection issued under the Patent Act, by one or more trademarks, by a copyright or by a registered integrated circuit topography, so as to

  • (a) limit unduly the facilities for transporting, producing, manufacturing, supplying, storing or dealing in any article or commodity that may be a subject of trade or commerce,

  • (b) restrain or injure, unduly, trade or commerce in relation to any such article or commodity,

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• Marginal note:Orders

  (2) The Federal Court, on an information exhibited by the Attorney General of Canada, may, for the purpose of preventing any use in the manner defined in subsection (1) of the exclusive rights and privileges conferred by any patents for invention, certificates of supplementary protection issued under the Patent Act, trademarks, copyrights or registered integrated circuit topographies relating to or affecting the manufacture, use or sale of any article or commodity that may be a subject of trade or commerce, make one or more of the following orders:

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Marginal note:Order

• 92 (1) Where, on application by the Commissioner, the Tribunal finds that a merger or proposed merger prevents or lessens, or is likely to prevent or lessen, competition substantially

  • (a) in a trade, industry or profession,

  • (b) among the sources from which a trade, industry or profession obtains a product,

  • (c) among the outlets through which a trade, industry or profession disposes of a product, or

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

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

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  • (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,

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Marginal note:Price maintenance

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• Marginal note:Order

  (2) The Tribunal may make an order prohibiting the person referred to in subsection (3) from continuing to engage in the conduct referred to in paragraph (1)(a) or requiring them to accept another person as a customer within a specified time on usual trade terms.

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• Marginal note:Refusal to supply

  (8) If, on application by the Commissioner or a person granted leave under section 103.1, the Tribunal finds that any person, by agreement, threat, promise or any like means, has induced a supplier, whether within or outside Canada, as a condition of doing business with the supplier, to refuse to supply a product to a particular person or class of persons because of the low pricing policy of that person or class of persons, and that the conduct of inducement has had, is having or is likely to have an adverse effect on competition in a market, the Tribunal may make an order prohibiting the person from continuing to engage in the conduct or requiring the person to do business with the supplier on usual trade terms.

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• Marginal note:Definition of trade terms

  (12) For the purposes of this section, trade terms means terms in respect of payment, units of purchase and reasonable technical and servicing requirements.

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