Enforcement Guidelines on the Abuse of Dominance Provisions

July 2001

(PDF: 573 KB)

Bibliographic Information

Executive Summary

Part 1: Introduction
1.1 Purpose of the Guidelines
1.2 Organization of the Guidelines
1.3 Purpose of the Abuse of Dominance Provisions

Part 2: Institutional Framework For Enforcement
2.1 Investigation and Adjudication
2.2 The Examination/Inquiry Process
2.3 Disposition of Examinations/Inquiries
2.4 The Competition Tribunal Process

Part 3: The Elements of Subsection 79(1)
3.1 Statutory Provision
3.2 The Elements
3.2.1 "One or more persons substantially or completely control, throughout Canada or any area thereof, a class or species of business"
3.2.2 "Have engaged in or are engaging in a practice of anti-competitive acts"
3.2.3 "The practice has had, is having or is likely to have the effect of preventing or lessening competition substantially in a market"
3.2.4 Assessing the Impact of Anti-Competitive Acts

Part 4: Anti-Competitive Acts: Section 78
4.1 The Economics of Anti-Competitive Acts
4.2 Raising Rivals' Costs and Market Foreclosure
4.2.1 Access to Consumers ? Reducing Rivals' Revenues
4.3 Predatory Conduct
4.4 Facilitating Practices

Part 5: Remedies
5.1 Alternative Case Resolutions
5.2 Orders of the Competition Tribunal
5.3 Limitations and Exceptions
5.3.1 Subsection 79(3) ? "Rights of any person"
5.3.2 Subsection 79(4) ? "Superior competitive performance"
5.3.3 Subsection 79(5) ? "Exercise of intellectual property rights"
5.3.4 Subsection 79(6) ? Three-Year Limitation
5.3.5 Subsection 79(7) ? Acts Where Proceedings Have Been Commenced Under Section 45 or Section 92

Appendix I: The Abuse Of Dominance Provisions Of The Competition Act (Sections 78 And 79

Appendix II: Overview Of The Essential Elements Established By The Case Law

Appendix III: Exclusionary Vertical Squeezing

Appendix IV: Summary Of Competition Tribunal Decisions