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2nd Session, 36th Parliament,
48 Elizabeth II, 1999
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The House of Commons of Canada
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BILL C-402
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An Act to amend the Competition Act (abuse
of dominant position)
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| R.S., c. C-34;
R.S., c. 27 (1st
Supp.), c. 19
(2nd Supp.),
c. 34 (3rd
Supp.), cc. 1,
10 (4th
Supp.); 1990,
c. 37; 1991,
cc. 45, 46, 47;
1992, cc. 1,
14; 1993, c.
34; 1995, c. 1;
1999, cc. 2,
28, 31
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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;
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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 for the purpose of
impeding or preventing a supplier's entry
into or expansion in a market;
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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 into, or
expansion in a market; and
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(l) unilaterally withholding amounts owing
to a supplier for some purported reason
without the prior agreement of the supplier
for the purpose of disciplining the supplier.
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