MCS 3040 Chapter 24: Chapter 24.docx

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Chapter 24: sales and marketing: price, distribution, and risk. Generally freely negotiated when forming a contract, although a few prices are regulated by government (utilities, agricultural marketing boards) Criminal offence: more serious, referred to the attorney general for prosecution and more difficult to prove because of higher burden of proof needed. Reviewable matters: civil in nature, if not voluntarily resolved may result in remedial order from judge or competition tribunal. Federal competition act prohibits unfair pricing practices , wants to create level playing field. The act seeks to ensure that commercial customers are not subject to unfair differential treatment that could seriously reduce competition in the marketplace. Includes criminal offences of price fixing and bid rigging. Pricing conspiracies: working with competitor(s) to control and manipulate prices. Penalties: max 14 yrs and/or fine of 25 mil. To be proven, must be established that there was an agreement or a conspiracies to set prices but also that the agreement lessened competition.

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