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Chapter 3

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

Administrative Studies
Course Code
ADMS 2610
Robert Levine

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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
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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