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Competition Act
The Competition Act (French: Loi sur la concurrence) is a Canadian federal law governing competition in Canada. The Act contains both criminal and civil provisions aimed at preventing anti-competitive practices in the marketplace.
Along with the Competition Tribunal Act, the Competition Act forms the statutory basis of current federal competition policy in Canada.
The Act is enforced and administered by the Competition Bureau, and cases are adjudicated by the Competition Tribunal.
The first legislation in Canada dealing with competition was the Anti-Combines Act, introduced in May 1889 as the first antitrust statute in the industrial world, preceding the American Sherman Antitrust Act. The legislation prohibited conspiracies and agreements by businesses in restraint of trade.
Two years later, anti-combines provisions were mostly incorporated into the Canadian Criminal Code. In 1912, the Supreme Court of Canada ruled in Weidman v Shragge that the purpose of the anti-combines provisions in the Criminal Code was to protect public interest in free competition.
Canadian competition and anti-combines laws since 1889 would go through several different iterations, starting with the Combines Investigation Act, 1910, which replaced the 1889 Anti-Combines Act, eventually leading to the Combines Investigation Act, 1923 and 1937.
The anti-trust provisions incorporated into the Criminal Code in 1891 would remain until 1960 with an amendment to the Combines Investigation Act.
In 1985, the Progressive Conservative government of Brian Mulroney replaced the Combines Investigation Act, 1923, with the Competition Act, which came into effect on June 19, 1986. The provisions in this Act regarding civil mergers, which deal with both horizontal and vertical mergers, replaced the ineffectual Criminal Code provisions under which only a handful of cases were brought between 1910 and 1976.
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Competition Act
The Competition Act (French: Loi sur la concurrence) is a Canadian federal law governing competition in Canada. The Act contains both criminal and civil provisions aimed at preventing anti-competitive practices in the marketplace.
Along with the Competition Tribunal Act, the Competition Act forms the statutory basis of current federal competition policy in Canada.
The Act is enforced and administered by the Competition Bureau, and cases are adjudicated by the Competition Tribunal.
The first legislation in Canada dealing with competition was the Anti-Combines Act, introduced in May 1889 as the first antitrust statute in the industrial world, preceding the American Sherman Antitrust Act. The legislation prohibited conspiracies and agreements by businesses in restraint of trade.
Two years later, anti-combines provisions were mostly incorporated into the Canadian Criminal Code. In 1912, the Supreme Court of Canada ruled in Weidman v Shragge that the purpose of the anti-combines provisions in the Criminal Code was to protect public interest in free competition.
Canadian competition and anti-combines laws since 1889 would go through several different iterations, starting with the Combines Investigation Act, 1910, which replaced the 1889 Anti-Combines Act, eventually leading to the Combines Investigation Act, 1923 and 1937.
The anti-trust provisions incorporated into the Criminal Code in 1891 would remain until 1960 with an amendment to the Combines Investigation Act.
In 1985, the Progressive Conservative government of Brian Mulroney replaced the Combines Investigation Act, 1923, with the Competition Act, which came into effect on June 19, 1986. The provisions in this Act regarding civil mergers, which deal with both horizontal and vertical mergers, replaced the ineffectual Criminal Code provisions under which only a handful of cases were brought between 1910 and 1976.