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Competition Act (R.S.C., 1985, c. C-34)

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Act current to 2024-05-28 and last amended on 2023-12-15. Previous Versions

AMENDMENTS NOT IN FORCE

  • — 2023, c. 31, s. 8

      • 8 (1) Section 90.1 of the Act is amended by adding the following after subsection (1):

        • Exception — non competitors

          (1.1) If the Tribunal finds that a significant purpose of the agreement or arrangement, or any part of it, is to prevent or lessen competition in any market, it may make an order under subsection (1) even if none of the persons referred to in that subsection are competitors.

      • (1.1) Subsections 90.1(4) to (6) of the Act are repealed.

      • (2) Subsection 90.1(11) of the Act is replaced by the following:

        • Definition of competitor

          (11) In subsections (1) and (1.1), competitor includes a person who it is reasonable to believe would be likely to compete with respect to a product in the absence of the agreement or arrangement.

  • — 2023, c. 31, s. 12.1

    • Bill C-59

      12.1 If Bill C-59, introduced in the 1st session of the 44th Parliament and entitled the Fall Economic Statement Implementation Act, 2023, receives royal assent, then on the first day on which both subsection 247(2) of that Act and section 7.2 of this Act are in force, subsection 79(4.1) of the Competition Act is replaced by the following:

      • Additional order — person granted leave

        (4.1) If, as the result of an application by a person granted leave under section 103.1, the Tribunal finds that a person has engaged in or is engaging in a practice of anti-competitive acts that amounts to conduct that has had or is having the effect of preventing or lessening competition substantially in a market in which the person has a plausible competitive interest and it makes an order under subsection (1) or (2) against the person, it may also order the person against whom the order is made to pay an amount, not exceeding the value of the benefit derived from the conduct that is the subject of the order, to be distributed among the applicant and any other person affected by the conduct, in any manner that the Tribunal considers appropriate.


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