Competition Act

Marginal note:Consent agreement — parties to a private action

• 106.1 (1) If a person granted leave under section 103.1 makes an application to the Tribunal for an order under section 75 or 77 and the terms of the order are agreed to by the person in respect of whom the order is sought and consistent with the provisions of this Act, a consent agreement may be filed with the Tribunal for registration.

• Marginal note:Notice to Commissioner

  (2) On filing the consent agreement with the Tribunal for registration, the parties shall serve a copy of it on the Commissioner without delay.

• Marginal note:Publication

  (3) The consent agreement shall be published without delay in the Canada Gazette.

• Marginal note:Registration

  (4) The consent agreement shall be registered 30 days after its publication unless a third party makes an application to the Tribunal before then to cancel the agreement or replace it with an order of the Tribunal.

• Marginal note:Effect of registration

  (5) Upon registration, the consent agreement has the same force and effect, and proceedings may be taken, as if it were an order of the Tribunal.

• Marginal note:Commissioner may intervene

  (6) On application by the Commissioner, the Tribunal may vary or rescind a registered consent agreement if it finds that the agreement has or is likely to have anti-competitive effects.

• Marginal note:Notice

  (7) The Commissioner must give notice of an application under subsection (6) to the parties to the consent agreement.