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Chapter 3

ADMS 2610 Chapter Notes - Chapter 3: Rigging, Exclusive Dealing, List Price


Department
Administrative Studies
Course Code
ADMS 2610
Professor
Robert Levine
Chapter
3

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ADMS2610
Session 10
Chapter 33 (pg. 640-653)
Restrictive Trade Practices
Purpose of Restrictive Trade Practices
- Maintain free competition
- Forces of competition and the free market should regulate industry rather
than the government
o Control those activities that restrict or interfere with competition
- Originally governed by the common law
o Restraints of trade which were unreasonable or contrary to public
interest were actionable at law
- Competition Act
o Most of the control of anti-competitive activity is found within this act
o General Purpose:
Prohibits combinations or conspiracies that prevent or lessen
competition
Reviews mergers or monopoly actions that may operate to the
detriment of the public
Establishes unfair business practices
Nature of the Legislation
- Nature
o Blend of criminal and administrative approaches
Some practices prohibit and subject to criminal proceedings
Some practices subject to review and control
o Civil remedies
For those injured by such practices which are prohibited
- Investigation
o Commissioner of Competition
Investigates complaints
Wide powers of search and seizure
Right to compel information
- Competition Tribunal
o Part of enforcement process
o Lay members and federal court judges
o Can issue orders, with force of a judgment of a court
o Can investigate and review certain business practices
o Must make inquiry first
Restrictive Trade Practices
- Application of the Act
o Applies to goods and services
o Exemptions exist:
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