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ARTICLE · 08 DECEMBER 2005

Increased Criminal Antitrust Exposure in Canada, New Market Sector Inquiry Powers and Immunity Program Explanations

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The Government’s proposal for increased fines for cartels was not preceded by any analysis, leaving some observers to question whether change is necessary.

CanadaAntitrust/Competition Law
McMillan LLP
McMillan LLP
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Originally Published in the Competition bulletin - October 2005

Three New Developments on the Canadian Antitrust Front are Worthy of Attention:
  • The Canadian Government proposes to increase the maximum fine under the Competition Act for hard-core cartels, from C$10 million to C$25 million.
  • The Competition Bureau is to be empowered to carry out "marketplace inquiries" (similar to sectoral inquiries in the EU) to assess the general state of competition in any industry.
  • The Competition Bureau has just released a detailed commentary (in the form of "Frequently Asked Questions") on its successful Immunity Program.

Increased Fines

The Government’s proposal for increased fines for cartels was not preceded by any analysis, leaving some observers to question whether change is necessary.

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