Review of Industrial Organization 13: 153–176, 1998. 1998 Kluwer Academic Publishers. Printed in the Netherlands. Conspiracy Law and Jurisprudence in Canada: Towards an Economic Approach PATRICK HUGHES Competition Bureau, Industry Hull, Quebec, Canada MARGARET SANDERSON Competition Bureau, Industry Hull, Quebec, Canada I. Introduction The most signiﬁcant development for Canadian conspiracy law in the last ten years is the Supreme Court of Canada’s decision on the constitutional validity of the conspiracy provisions of the Competition Act in Nova Scotia Pharmaceutical Society (“PANS”). While important, the speciﬁc amendments made to the law in 1986 are more modest in comparison to the effect of the jurisprudence. The PANS decision articulates an analytical economic framework which uses market power as a screen to determine the illegality of alleged conspiracies. The approach is in contrast to U.S. law and jurisprudence in that it lies somewhere between a per se and a full rule-of-reason analysis and is strictly pursuant to criminal jurisdiction. This approach has been criticized by commentators on several grounds. First, it has been argued that the lack of a per se violation may allow the most egregious offences, such as price-ﬁxing, to proceed unfettered. Second, it has been observed that the lack
Review of Industrial Organization – Springer Journals
Published: Oct 6, 2004
It’s your single place to instantly
discover and read the research
that matters to you.
Enjoy affordable access to
over 18 million articles from more than
15,000 peer-reviewed journals.
All for just $49/month
Query the DeepDyve database, plus search all of PubMed and Google Scholar seamlessly
Save any article or search result from DeepDyve, PubMed, and Google Scholar... all in one place.
Get unlimited, online access to over 18 million full-text articles from more than 15,000 scientific journals.
Read from thousands of the leading scholarly journals from SpringerNature, Elsevier, Wiley-Blackwell, Oxford University Press and more.
All the latest content is available, no embargo periods.
“Hi guys, I cannot tell you how much I love this resource. Incredible. I really believe you've hit the nail on the head with this site in regards to solving the research-purchase issue.”Daniel C.
“Whoa! It’s like Spotify but for academic articles.”@Phil_Robichaud
“I must say, @deepdyve is a fabulous solution to the independent researcher's problem of #access to #information.”@deepthiw
“My last article couldn't be possible without the platform @deepdyve that makes journal papers cheaper.”@JoseServera