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ARTICLE · 17 JUNE 2013

Criminal Charges Laid In Canadian Chocolate Cartel

Stikeman Elliott LLP
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The Competition Bureau laid criminal charges against three corporations and three individuals.

CanadaAntitrust/Competition Law
Competition/Antitrust Group
Competition/Antitrust Group
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On Thursday, June 06, 2013, the Competition Bureau laid criminal charges against three corporations and three individuals for their roles in allegedly fixing the price of chocolate confectionery products in Canada.

The alleged price-fixing occurred before the 2010 amendments to the Competition Act, and the accused have been charged under the criminal cartel provision in the old section 45. Under that provision, the Bureau must prove not only that there was an agreement between competitors to fix prices but also that the agreement had or was likely to unduly lessen competition in a market. If convicted, the accused face fines of up to $10 million and/or a prison term of up to five years.

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