Abuse of Dominance under the 1986 Canadian Competition Act

Abuse of Dominance under the 1986 Canadian Competition Act Review of Industrial Organization 13: 85–129, 1998. 1998 Kluwer Academic Publishers. Printed in the Netherlands. Abuse of Dominance under the 1986 Canadian Competition Act JEFFREY CHURCH The University of Calgary, Department of Economics, Calgary, Alberta, Canada ROGER WARE Queen’s University, Department of Economics, Queen’s University, Kingston, ON, Canada I. Introduction In this paper we consider competition policy in Canada towards monopoly and monopolization. While our focus is primarily on providing an introduction and examination of the abuse of dominance provisions in the Canadian Competition Act of 1986 (hereafter simply the Act), we also provide a brief overview of the existing law prior to the 1986 reforms. An understanding of the nature of the law under the Combines Investigation Act, the predecessor of the Competition Act, provides insight into the need for reform in Canada and the nature of that reform. In particular the monopoly and monopolization provisions under the Combines Investigation Act contained very high hurdles for successful prosecution. As a result prosecutions under the provisions were infrequent and successful prosecutions were virtually non-existent. The late 1970s Supreme Court ruling in the Irving case effectively rendered Canada’s antitrust laws against monopoly and merger in the Combines Investigation Act unenforceable http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Review of Industrial Organization Springer Journals

Abuse of Dominance under the 1986 Canadian Competition Act

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Publisher
Kluwer Academic Publishers
Copyright
Copyright © 1998 by Kluwer Academic Publishers
Subject
Economics; Industrial Organization; Microeconomics
ISSN
0889-938X
eISSN
1573-7160
D.O.I.
10.1023/A:1007735104134
Publisher site
See Article on Publisher Site

Abstract

Review of Industrial Organization 13: 85–129, 1998. 1998 Kluwer Academic Publishers. Printed in the Netherlands. Abuse of Dominance under the 1986 Canadian Competition Act JEFFREY CHURCH The University of Calgary, Department of Economics, Calgary, Alberta, Canada ROGER WARE Queen’s University, Department of Economics, Queen’s University, Kingston, ON, Canada I. Introduction In this paper we consider competition policy in Canada towards monopoly and monopolization. While our focus is primarily on providing an introduction and examination of the abuse of dominance provisions in the Canadian Competition Act of 1986 (hereafter simply the Act), we also provide a brief overview of the existing law prior to the 1986 reforms. An understanding of the nature of the law under the Combines Investigation Act, the predecessor of the Competition Act, provides insight into the need for reform in Canada and the nature of that reform. In particular the monopoly and monopolization provisions under the Combines Investigation Act contained very high hurdles for successful prosecution. As a result prosecutions under the provisions were infrequent and successful prosecutions were virtually non-existent. The late 1970s Supreme Court ruling in the Irving case effectively rendered Canada’s antitrust laws against monopoly and merger in the Combines Investigation Act unenforceable

Journal

Review of Industrial OrganizationSpringer Journals

Published: Oct 6, 2004

References

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