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LAW 525 (115)
Gil Lan (12)
Lecture 4

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Department
Law and Business
Course
LAW 525
Professor
Gil Lan
Semester
Winter

Description
Law 525 Lecture 4 • Antitrust law, anti combines law and competition law is all the same (called competition law today) • Used to prevent any business or group of business from getting an unfair advantage • Combines act now competition act is justified under section 91 (2) constitution 1867 due to gm case in chapter 2 making it federal • Section 92 (13) affects matter of contract , can only address within the province • National competition problem competition act will be used • Section 52 (1)-true criminal intent due to knowingly acting , cannot be an absolute liability due to jail in 52 (5) • Competition bureau is federal has a commissioner and competition tribunal, Can decide certain competition act issues • Provisions is same as sections • Is it possible in provincial legislation that jail can be a penalty, yes section 92 (15) constitution act 1867 has jail • Just because there is jail, it is not a sufficient indicator as it is not mandatory • Intentional offence with jail not available • Strict liability offence with jail available • Don’t mistake 92 (1) with 92.1 completely different thing • Difference between 52(1) and 52.1 (3) no language of intent or absolute liability • Absolute liability rule out , there is no possibility of due diligence • Section 52.1 is strict liability due to availability of due diligence, and jail • Difference between civil and criminal track offence, with criminal track requires proof without a reasonable doubt, civil track requires a proof on a balance of probabilities • Commissioner Uses civil track all the time unless you see seriously wrong behaviour • Seriously wrong behaviour (makes a representation that seriously harms a person) (sun tan lotion for sunny hot day but only usable in light sun day) ( or proof of intent) • 52 and 52.1 and so on of the competition act deal with some form of representation • Scanner price accuracy code (4-12) – grocery store association and drug store association applies to them, if it is under 10 dollar is free, over is 10 dollars off • Means when getting something out of shelf is mislabelled and then scanned, under 10
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