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1st Session, 36th Parliament,
46-47-48 Elizabeth II, 1997-98-99
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The House of Commons of Canada
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BILL C-472
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An Act to amend the Competition Act (abuse
of dominant position)
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| R.S., c. C-34
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Her Majesty, by and with the advice and
consent of the Senate and House of Commons
of Canada, enacts as follows:
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1. Paragraphs 78(h) and (i) of the
Competition Act are replaced by the
following:
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(h) requiring or inducing a supplier to sell
only or primarily to certain customers, or to
refrain from selling to a competitor, with
the object of preventing a competitor's
entry into, or expansion in, a market;
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(i) selling articles at a price lower than the
acquisition cost for the purpose of
disciplining or eliminating a competitor or
some other purpose that adversely affects a
supplier or competitor;
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(j) requiring a supplier to pay a fee to a
retailer as a condition for selling a product,
if the fee is unrelated to, or in excess of, the
actual costs incurred by the retailer with
respect to the product;
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(k) squeezing, by a vertically integrated
retailer, of the margin available to an
unintegrated person competing with the
retailer, for the purpose of impeding or
preventing the person's entry, or expansion,
into a market; and
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(l) unilaterally withholding amounts owing
to a supplier without the prior agreement of
the supplier
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(i) for the purpose of disciplining the
supplier, or
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(ii) for some other purported reason that
has not been mutually agreed upon by the
parties to the transaction .
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2. Subsection 79(1) of the Act is replaced
by the following:
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| Prohibition
where abuse
of dominant
position
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79. (1) Where, on application by the
Director, the Tribunal finds that
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(a) one or more persons substantially or
completely control, throughout Canada or
any area thereof, a class or species of
business,
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(b) that person or those persons have
engaged in or are engaging in a practice of
anti-competitive acts or any other abusive
practice towards a competitor, supplier or
customer ,
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(c) the practice has had, is having or is likely
to have the effect of preventing or lessening
competition substantially in the wholesale
or retail market,
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the Tribunal may make an order prohibiting
all or any of those persons from engaging in
that practice.
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