Index

• Author: John S. Tyhurst
• Pages: 541-557

541

INDEX

Abuse of domina nce, 12, 357–401

Bureau guidel ines. See Abuse of Dom-

inance Enforcement Guideline s

elements, 363–91, 400–1

control of a class or s pecies of

business, 364–70

control by whom, in what m ar-

ket, 368–70

control means m arket power,

365– 66

degree and nat ure of market

power required, 366

measures of m arket power,

366–68

relevant product and geo-

graphic market s, 364–65

practice of anti- competitive acts,

370– 84

anti-competit ive acts, 370–84.

See also Anti-competitive

acts

list of practice s, 370–72, 401

practice, 370

substanti al lessening or preven-

tion of competit ion, 385–91

assess ment of “substantial”

eect, 386–88

“but for” test, 385– 86

caselaw, 388–89

core test, 385

superior compe titive perform-

anc e, 389 –91

essential facilities, 393–94

joint domina nce, 391–93

market power as sessment, 144

framework, 364 –65

indirect and d irect measures,

366–68

policy approach, 357–60

predatory pr icing, 401, 450, 462–63.

See also Predatory pricing

preventing, 80 –81

price discr imination, 450. See also

Price dis crimination

refusal s to deal, 393–94

regulated conduct, 394–96

remedies, 396– 400

consent order s, 400

final orders, 397–4 00

interim reme dies, 396–97

limitat ion period, 396

vertical pr actices, comparison, 401,

403

Abuse of Dominance Enforceme nt

Guidelines

consent order s, 400

joint domina nce, 392–93

market power as sessment, 367–68

CANA DIAN COM PETITION LAW AND POLIC Y542

predatory p ricing, 463–77

below-cost pric ing, 463–70

purpose, 473–76

recoupment, potenti al for, 470–73

substanti al prevention or less-

ening of compet ition, 476–77

Adjudication. See al so Enforcement and

adjudication

Competition Tribu nal. See Competi-

tion Tribunal

courts, 63

Advance Ruling C ertificates (ARCs),

258–59

Advertis ements, misleading. See Mis -

leading advertising

Aliate s, agreements between, 317–18

exemption, 317–18, 347

rationale for, 318

Agreements b etween competitors, 11–12,

263 –356

bid-riggi ng. See Bid-rigging

Bureau guidel ines. See Competitor

Collaboration Guidelines

commerciali zation agreements, 342

competitive eect und er s 90.1,

assessing, 340–45

barrier s to entry, 342

change and in novation, 344–45

competition out side the agree-

ment, 343

foreign agreements, domest ic

eects, 345

internal e ects, 343–44

competition bet ween parties, 3 43

conduct included, 34 4

duration and scope, 3 44

exchange of in formation, 344

market definit ion, 341

market share s and concentration,

341– 42

criminal conspiracies. See Criminal

conspiracies

exempt agreements and arrange-

ments, 349–54

amateur sport, 352

artist s, collective action, 352

collective bargaining, 349–51

copyright col lective societies, 352

miscell aneous exemptions, 353–54

underwriting activities, 351

federal financial institutions, 329–31

generally, 263–6 4, 354–56

informat ion sharing agreements ,

342– 43

international cartels. See Foreign-

based conspiracies

joint production agr eements, 343

joint purchasi ng agreements, 343

joint selling agreements, 342

market alloc ation. See Market alloca-

tion

oences. See Criminal conspiracies

policy concern s, 265–74

hard core car tels, 265–72

other agreement s, 272–74

price-fixin g. See Price-fixing

production li mitation. See Product ion

limitat ion

professiona l sports, 326–29

research a nd development agree-

ments, 343

review by Compet ition Tribunal

under s 90.1, 337–49

background, 337

ca sel aw, 347 –49

defences and except ions, 345–47

eciencies, 345 –46

other defences and e xceptions,

347

regulated conduct, 346–47

elements, 338–45

agreement or arrangement,

338 –39

“competitors” requi red, 339

“existing a nd proposed” agree-

ments, 340

“substanti al” lessening of com-

petition, 34 0–45

Allocative e ciency, 89–94

monopoly, 103

perfect compet ition, 102

Amateur sport, 352

Ancillar y restraints defence, 3 02–7

ancillar y to broader or separate

agreement, 303–4

broader agreement a lone not in

contravention, 30 6

direct relat ion and reasonable

necessity, 304–5

background, 303