The Canadian Government intends to incorporate into the Competition Act a new civil prohibition against unjustified cross-border price discrimination

Canada grapples with pricing issues* Introduction With the exception of hard-core cartel conduct such as price-fixing and bid-rigging, Canadian competition law has de-emphasized in recent years the importance of pricing conduct as a source of anti-competitive harm. Thus, although the Canadian Competition Act historically contained a variety of criminal offences targeted at pricing conduct – price discrimination, predatory pricing, geographic price discrimination, promotional allowances, and price maintenance – it was only the latter offence that attracted any material enforcement activity. The other pricing offences, although formally “on the books”, were rarely prosecuted, if at all. It is not surprising, therefore, that a series of amendments to the Competition Act in 2009 included

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  • Davies Ward Phillips & Vineberg (Toronto)

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Mark C. Katz, The Canadian Government intends to incorporate into the Competition Act a new civil prohibition against unjustified cross-border price discrimination, 11 February 2014, e-Competitions February 2014, Art. N° 67656

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