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Competition & Anti-Trust Law

Canada
United States
Other Countries
International Organizations
Competition Policy and Economics
Other Internet Resources

Canada

Quick competition links:

Competition Act
http://laws.justice.gc.ca/en/C-34/index.html

Competition Bureau
http://www.competitionbureau.gc.ca/

Competition Tribunal
http://www.ct-tc.gc.ca/

Legislation & regulations:

Competition Act
The primary statutory source of Canadian competition law.
English: http://laws.justice.gc.ca/en/C-34/index.html
French: http://lois.justice.gc.ca/fr/C-34/index.html

Notifiable Transactions Regulations
Applies to notifiable transactions provisions of the Competition Act.
English: http://laws.justice.gc.ca/en/C-34/SOR-87-348/
index.html

French: http://lois.justice.gc.ca/fr/C-34/DORS-87-348/
index.html

Regulations respecting anti-competitive acts by persons operating a domestic service
Applies to domestic airlines only.
http://laws.justice.gc.ca/en/C-34/SOR-2000-324/
text.html

Competition Tribunal Act
Establishes the Competition Tribunal.
English: http://laws.justice.gc.ca/en/C-36.4/index.html
French: http://lois.justice.gc.ca/fr/C-36.4/index.html

Competition Tribunal Rules
Rules of procedure for the Competition Tribunal
English: http://laws.justice.gc.ca/en/C-36.4/
SOR-94-290/index.html

French: http://lois.justice.gc.ca/fr/C-36.4/
DORS-94-290/index.html


Proposed amendments

The best place to find proposed amendments to competition legislation is the Competition Bureau website
English: http://competition.ic.gc.ca/epic/internet/
incb-bc.nsf/en/home

French:
http://competition.ic.gc.ca/epic/internet/
incb-bc.nsf/fr/home

Other legislation
Other pieces of federal legislation in Canada bearing on competition issues include:

Consumer Packaging & Labeling Act, R.S.C. 1985, c. C-38
English: http://laws.justice.gc.ca/en/c-38/36667.html
French: http://lois.justice.gc.ca/fr/C-38/index.html

Criminal Code, R.S.C. 1985, c. C-46
English: http://laws.justice.gc.ca/en/c-46/41228.html
French: http://lois.justice.gc.ca/fr/C-46/index.html

Extradition Act, S.C. 1999, c. 18
English: http://laws.justice.gc.ca/en/E-23.01/index.html
French: http://lois.justice.gc.ca/fr/E-23.01/index.html

Foreign Extraterritorial Measures Act, R.S.C. 1985, c. F-29
English: http://laws.justice.gc.ca/en/F-29/index.html
French: http://lois.justice.gc.ca/fr/F-29/index.html

Investment Canada Act, R.S.C. 1985 (1st Supp.), c. 28
English: http://laws.justice.gc.ca/en/i-21.8/78944.html
French: http://laws.justice.gc.ca/en/i-21.8/78944.html

Precious Metals Marking Act, R.S.C. 1985, c. P-19
English: http://laws.justice.gc.ca/en/P-19/index.html
French: http://lois.justice.gc.ca/fr/P-19/index.html

Textile Labeling Act, R.S.C. 1985, c. T-10
English: http://laws.justice.gc.ca/en/T-10/index.html
French: http://lois.justice.gc.ca/fr/T-10/index.html
 

Competition Authorities:

Competition Bureau
The Competition Bureau is responsible for enforcing the Competition Act. It conducts investigations into alleged anti-competitive conduct (whether civil or criminal). In civil cases, the Bureau commences an application in the Competition Tribunal; in criminal cases, the Bureau refers the case to the Attorney General (Department of Justice) for prosecution. The Bureau also deals with merger pre-notifications.
http://www.competitionbureau.gc.ca/

Cases:

Competition Tribunal
The Competition Tribunal is a specialized court combining expertise in economics and business with legal expertise that was created in 1986. The Tribunal deals with applications made under merger and other civil provisions of the Competition Act, including marketing practices.
The Tribunal posts its decisions and orders, as well as virtually all pleadings (including affidavits) on its website. The website also has the Tribunal rules, practice directions, biographies of the members, etc:
http://www.ct-tc.gc.ca/

Other cases
Criminal prosecutions under the Competition Act, as well as some marketing practices applications, occur in the Federal Court or in the Superior Courts of the various provinces. See links for these courts under Canada – Courts & Tribunals.

Another good source of information on cases is the Competition Bureau’s news release section on its website.

Treaties and international agreements:

Canada – United States
Canada-United States Extradition Treaty, [1976] Can T.S. 3
www.oas.org/juridico/MLA/en/traites/en_
traites-ext-usa-can.pdf

Treaty Between the Government of Canada and the Government of the United States of America on Mutual Legal Assistance in Criminal Matters, agreed 18 March 1985, [1990] Can T.S. 19 (implemented in Canada by the Mutual Legal Assistance in Criminal Matters Act, R.S.C. 1985 (4th Supp.), c. 30)
www.oas.org/juridico/MLA/en/traites/ en_
traites-mla-usa-can.pdf

Agreement Between U.S and Canada Regarding the Application of Their Competition and Deceptive Marketing Practices Laws, agreed 5 August 1995
www.usdoj.gov/atr/public/international/
docs/uscan721.htm

Canada – European Union
Agreement Between The Government of Canada and the European Communities Regarding The Application of Their Competition Laws
http://strategis.ic.gc.ca/epic/internet/
incb-bc.nsf/en/ct01242e.html

Canada – United Kingdom
Cooperation Arrangement Between the Commissioner of Competition (Canada) and Her Majesty's Secretary of State for Trade and Industry and the Office of Fair Trading in the United Kingdom Regarding the Application of their Competition and Consumer Laws
http://competition.ic.gc.ca/epic/internet/
incb-bc.nsf/en/ct02729e.html

Canada – Australia – New Zealand
Cooperation Arrangement Between the Commissioner of Competition (Canada), the Australian Competition and Consumer Commission and the New Zealand Commerce Commission Regarding the Application of their Competition and Consumer Law
http://strategis.ic.gc.ca/epic/internet/
incb-bc.nsf/en/ct02030e.html

Canada – Chile
Memorandum of Understanding Between the Commissioner of Competition (Canada) and the Fiscal Nacional Economico (Chile) Regarding the Application of their Competition Laws
http://competition.ic.gc.ca/epic/internet
/incb-bc.nsf/en/ct02320e.html

Canada – Costa Rica
The Canada – Costa Rica Free Trade Agreement includes a chapter on Competition Policy
http://www.dfait-maeci.gc.ca/tna-nac/
Costa_Rica_toc-e.asp

Enforcement guidelines, bulletins, and other government publications:

The Competition Bureau publishes enforcement guidelines and other publications on different areas of competition law. While these guidelines are not binding on the Court or the Competition Tribunal, they do set out the Bureau's position on enforcement. Some of the more significant of these guidelines are listed here.

Merger Enforcement Guidelines
Outlines the Competition Bureau’s approach to analyzing mergers.
English: http://strategis.ic.gc.ca/epic/internet/
incb-bc.nsf/en/ct02825e.html

French: http://strategis.ic.gc.ca/epic/internet/
incb-bc.nsf/fr/ct02825f.html

Enforcement Guidelines on the Abuse of Dominance Provisions
The Competition Act abuse of dominant position provisions are designed to provide a remedy for various anti-competitive practices that dominant firms may engage in. These guidelines outline the Competition Bureau’s approach to these provisions.
English: http://strategis.ic.gc.ca/epic/internet/
incb-bc.nsf/en/ct02222e.html

French:
http://strategis.ic.gc.ca/epic/internet/
incb-bc.nsf/fr/ct02222f.html

Intellectual Property Enforcement Guidelines
Outlines the Competition Bureau’s approach to the interface between intellectual property rights and competition law.
English: http://strategis.ic.gc.ca/epic/internet/
incb-bc.nsf/en/ct01538e.html

French: http://strategis.ic.gc.ca/epic/internet/
incb-bc.nsf/fr/ct01538f.html

Immunity Program Under the Competition Act
Deals with the Competition Bureau’s program for providing complete or partial immunity from prosecution for whistle-blowers.
English: http://strategis.ic.gc.ca/epic/internet/
incb-bc.nsf/ en/ct01990e.html

French:
http://strategis.ic.gc.ca/epic/internet/
incb-bc.nsf/fr/ct01990f.html

Strategic Alliances
Outline’s the Competition Bureau’s approach to strategic alliances.
English: http://strategis.ic.gc.ca/epic/
internet/incb-bc.nsf/en/ct00048e.html
French:
http://strategis.ic.gc.ca/epic/
internet/incb-bc.nsf/fr/ct00048f.html

Competition Bureau publications
For a complete list of Competition Bureau publications:
http://www.competitionbureau.gc.ca/internet/index.cfm?itemID=21&lg=e

Associations:

Canadian Bar Association - National Competition Law Section / Section nationale du droit de la concurrence
The CBA's National Competition Law Section's website contains, among other things, the sections newsletters, submissions to Parliament and the Bureau, and other section information.
English: http://www.cba.org/cba/sections_competition/main/
French: http://www.cba.org/ABC/sections_competition_f/main/

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United States

Jurisdiction over competition law, or anti-trust, is exercised by both the federal and state governments. We have not attempted to provide links for individual states.

Statutes
The primary federal anti-trust statutes in the United States are:

Sherman Act, 15 U.S.C. §§1-7 (1988)

Clayton Act, 15 U.S.C. §12-27 (1988)

Federal Trade Commission Act, 15 U.S.C. §41-58

Robinson-Patman Anti-Discrimination Act, 15 U.S.C. §§13-13b, 21a (1988)

 

Competition Authorities

United States Department of Justice, Anti-Trust Division
The Antitrust Division of the DOJ is one of the entities responsible for the enforcement of American antitrust laws. The Division's web site includes the full text of selected case filings, appellate briefs, advisory opinions, policy statements, guidelines, news releases, testimony and speeches from approximately 1994 onwards. It also contains an overview of the Division's role and functions, information on merger enforcement and links to other antitrust sites worldwide.
http://www.usdoj.gov/atr/index.html

United States Federal Trade Commission
In addition to the Antitrust Division of the DOJ, the FTC is responsible for enforcing American antitrust laws. As its governing legislation does not contain criminal penalties, it can only bring civil enforcement actions. The Commission's site contains the texts of complaints, decisions and orders, and final orders from 1996 onward. It also has advisory opinions, policy statements and guidelines, news releases, testimony and speeches. In addition, the site provides basic information on American antitrust law and procedures to assist companies and individuals in compliance.
http://www.ftc.gov/ftc/antitrust.htm

Washington State Attorney General's Office Antitrust Section
This site is maintained by the Antitrust Section of the Office of the Attorney General of Washington. According to its site, the Section is "is responsible for enforcing the antitrust provisions of Washington's Unfair Business Practices-Consumer Protection Act" and "investigates complaints about potential anti-competitive activity". The site contains the full text of opinions since 1996, selected pleadings, basic anti-trust information, sections from Federal and State statutes and press releases.
http://www.atg.wa.gov/trust/

Organizations

American Bar Association's Section on Antitrust Law
The American Bar Association Section on Antitrust Law's site contains information on the Section's activities. It also includes an extensive list of antitrust links, purchasing information for section publications, abstracts of articles from the Antitrust Law Journal and the Antitrust Magazine and membership information.
http://www.abanet.org/antitrust/home.html

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Other Countries

Australia

Australian Competition & Consumer Commission
The ACCC is Australia's federal competition authority. It enforces Commonwealth (federal) competition, fair trading, and consumer protection laws. Its website contains press releases, speeches, publications, a variety of registers, including the mergers and acquisitions register, undertakings registers, links to legislation, and information for consumers and business.
http://www.accc.gov.au/

Australia National Competition Council
Created in November 1995, the NCC is an independent review and advisory body for all Australian governments on National Competition Policy issues. The NCC's web site contains annual reports since, news releases, speeches and discussion papers relating to the reform of competition law in Australia.
http://www.ncc.gov.au/

European Union

European Competition Directorate General
The role of the European Competition Directorate General is to establish and implement a coherent competition policy for the European Union. Its main areas of activity are merger control, liberalization and state intervention, antitrust and state aid. The DG Competition website provides case documents, press releases, publications, and other information.
http://europa.eu.int/comm/competition0
/index_en.html

Germany

Das Bundeskartellamt - The German Federal Cartel Office
According to its web site, the Bundeskartellamt is "an independent higher Federal authority which is responsible to the Federal Ministry of Economics". Its "main task … is to apply the Act Against Restraints of Competition (ARC), which was enacted for the protection of competition and came into force on 1 January 1958".

The Bundeskartellamt "proceeds against all restraints of competition which have effect in the Federal Republic of Germany. Among its particular tasks is to enforce the ban on cartels, exercise merger control and control of abusive practices", provided the restrictive effect on competition extends across the boundaries of one state. It has sole responsibility for merger control. In addition, it advises on competition law and policy.

The Office's web site contains news releases, the text of the ARC (the German Competition Act) in English, information pamphlets (on mergers and "domestic effect"), guidelines on fines, and a discussion of the Office's role and activities. It also contains general information on mergers and antitrust law as well as discussion papers.
http://www.bundeskartellamt.de/wEnglisch/

Japan

Fair Trade Commission of Japan (English)
The Fair Trade Commission of Japan is an independent administrative agency, with quasi-legislative power to enact regulations and quasi-judicial power to hold hearings. It is responsible for enforcing Japan's Antimonopoly Act. The Commission's site includes the full text of relevant legislation, international agreements, guidelines, reports, press releases and speeches. It also contains a brochure on the Commission, detailing its role and functions as well as setting out the purpose of the Antimonopoly Act.
http://www2.jftc.go.jp/e-page/

United Kingdom

United Kingdom Competition Commission
The UK Competition Commission is an independent administrative tribunal established under the UK Competition Act 1998. That body replaced the Monopolies and Mergers Commission. According to the Competition Commission's web site, the Commission investigates matters relating to mergers, monopolies, and anti-competitive practices, decides whether those matters are contrary to the public interest and reports to the Secretary of State. (It does not have power to initiate inquires, however). In addition, it hears appeals from decisions made under the prohibition provisions of Competition Act 1998. Its site includes information on inquiries and appeals, recent speeches, press releases, summaries of reports and a list of merger references.
http://www.mmc.gov.uk/

United Kingdom Office of Fair Trading
The Office of Fair Trading is the UK authority responsible for enforcing competition policy. Its role is to protect the consumer and to prevent anti-competitive practices. The Office's site contains information about the Office, the full text of news stories and articles from the "Fair Trading" magazine, OFT reports and press releases, three years of annual reports, a guide to the UK Competition Act 1998 and advice to consumers.
http://www.oft.gov.uk/

Other Countries

For a list of sites of competition authorities not referred to above, see
www.globalcompetitionforum.org
http://europa.eu.int/comm/competition/other_sites/
www.usdoj.gov/atr/contact/otheratr.htm

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International Organizations

International Competition Network
ICN is the only international body devoted exclusively to competition law enforcement. It was launched in October 2001 with top anti-trust officials from fourteen jurisdictions. It facilitates procedural and substantive convergence in anti-trust enforcement through a results-orientated agenda and informal project-driven organization. The official website also contains a information library that contains all ICN documents.|
http://www.internationalcompetitionnetwork.org/

Organisation for Economic Co-operation and Development
OECD groups thirty member countries sharing a commitment to democratic government and market economy. It produces internationally agreed instruments, decisions, and recommendations to promote rules of game in areas where multilateral agreement is necessary for individual countries to make progress in globalized economy. Its site contains a statistic portal which provides access to some OECD databases, as well as other databases that are classified by topic. The site also provides links to OECD publications on a diverse range of topics dealing with economic development and globalization.
Home page: http://www.oecd.org/home/
Competition page: http://www.oecd.org/topic/
0,2686,en_2649_37463_1_1_1_1_37463,00.html

UN Conference of Trade and Development
UNCTAD was established in 1964. It aims at the development friendly integration of developing countries in the world economy. Their official site includes a digital library, which contains UNCTAD's publication of intergovernmental and expert meetings, as well as analyses and reasearch. Also, it has a compilation of statistics which are relevant for the analysis of international trade, foreign direct investment, commodities, and development.
http://www.unctad.org/

World Trade Organization
The WTO was established in 1995. It is the only global international organization dealing with the rules of trade between nations. It administers WTO trade agreements, handles trade disputes, monitors, national trade policies, and provides technical assistance and training to developing countries. Their site contains links to three annual reports published by the WTO and research reports on specific topics, such as economics and multilateral trading systems.
http://www.wto.org/

International Bar Association's Global Competition Forum
IBA's Global Competition Forum describes itself as "the world's leading competition law resource". It contains links to the most current versions of the world's competition law, national competition authorities, and international organisations, articles, and speeches.
http://www.globalcompetitionforum.org

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Competition Policy and Economics

American Antitrust Institute
The American Antitrust Institute is an independent Washington-based non-profit education, research, and advocacy organization. Their goal is to increase and foster the role of competition for the benefit of the consumer. This site contains an antitrust research portal that searches hundreds of articles and resources.
http://www.antitrustinstitute.org/

Competition Policy Center
The aim of the Competition Policy Center is to create a common ground for academic analysis and policy formation. It contains an online working paper series and other relevant publications.
http://iber.berkeley.edu/cpc/

C.V. Starr Electronic Library
This page provides internet access to the New York University Department of Economics on-line library of journals and working papers. Most of the journals can be accessed only by students and staff of New York University. Journals and working papers freely available over the internet have been added to the list, and can be accessed by all internet users.
http://www.econ.nyu.edu/cvstarr/database/lib/lib.htm

National Bureau of Economic Research
"Founded in 1920, the National Bureau of Economic Research is a private, nonprofit, nonpartisan research organization dedicated to promoting a greater understanding of how the economy works. The NBER is committed to undertaking and disseminating unbiased economic research among public policymakers, business professionals, and the academic community." Its website provides access to its publications, including books, working papers, the NBER Digest and the NBER Reporter.
http://www.nber.org/

Competition Law Forum (British Institute of International and Comparative Law)
The Competition Law Forum was established by the BIICL in 2002 as a centre for international, European and comparative competition and antitrust policy and law, to produce cutting-edge applied research, analysis and recommendations on the content, methodology and application of competition policy at all levels of governance- national, European and global. The BIICL was established in 1895 to understand and influence the development of law on a global rather than merely national basis.
Competition Law Forum: http://www.competitionlawforum.org/
BIICL: http://www.biicl.org/

Social Science Research Network
The "Social Science Research Network (SSRN) is devoted to the rapid worldwide dissemination of social science research and is composed of a number of specialized research networks in each of the social sciences."
http://www.ssrn.com/

Social Sciences Virtual Library
Part of the World-Wide Web Virtual Library
http://www.clas.ufl.edu/users/gthursby/socsci/

Nash Equilibrium
This site studies price information on the internet, and provides graphs showing various indices. The site also has an economic links page.
http://www.nash-equilibrium.com/

Charles River Associates
CRA was founded in 1965. It is an economics, finance, and business consulting firm that works with businesses, law firms, governments to provide an array of services. Their site contains a database of their publications on various topics.
http://www.crai.com

LECG LLC
The Law and Economics Consulting Group (LECG) is an economics and consulting firm that was formed to provide independent testimony, authoritative studies, and advisory services to inform business, regulatory, and judicial decision makers and help resolve disputes.
http://www.legc.com

NERA
NERA Economic Consulting is an international firm of economists. They create solutions to business and legal issues arising from competition, regulation, public policy, strategy finance, and litigation.
www.nera.com

RBB Economics
RBB provides expert economic advice on all aspects of the application of European Community and national competition law. Their site contains RRB publications on a serious of discussion papers on European competition law issues.
http://www.rbbecon.com/

The IMD World Competitiveness Yearbook
This is a comprehensive annual report that overviews and ranks on the competitiveness of nations and analyzes the nation's environment for sustaining and creating the competition of enterprises.
http://www01.imd.ch/wcy/

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Other Internet Resources

There are a number of Internet sites that provide information, lists of resources and access to materials on competition law:

Canadian Competition Policy Page
This, site, a project of the SFU-UBC Centre for the Study of Government Business, is devoted to the dissemination of information on competition law and economics in Canada and around the world. It contains links to competition authorities, notices of conferences and seminars, a merger simulation program, a list of recent journal articles and news items on competition issues.
http://csgb.ubc.ca/ccpp/

CataLaw: Legal Topics: Anti-trust and Competition Law
This site provides a list of links to sites relating to antitrust and competition law.
http://catalaw.com/topics/Anti-trust.shtml

FindLaw: Legal Subjects: Antitrust and Trade Regulations
This site provides an executive summary of the antitrust laws, a primer on mergers and acquisitions, as well as links to documents, briefs, articles and books in the Findlaw Library. It also includes an antitrust web guide, with links to government agencies, government documents and legislation, mailing lists and outlines.
www.findlaw.com/01topics/01antitrust/index.html

Internet Law Library: Antitrust and Monopoly Law
The Internet Law Library (formerly the U.S. House of Representatives Internet Law Library) provides a collection of links to antitrust laws, decisions, materials and other resources on its site. It provides considerable international coverage.
http://www.lawguru.com/ilawlib/315.htm

Heiros Gamos Guide on Antitrust and Unfair Competition Law
This web site has extensive links to governmental organizations and agencies, responsible for the enforcement of antitrust and unfair competition laws or the development of competition policy. The site also has links to legislation of Canada, Italy, Spain, the United States and other countries. Links to American federal and state court decisions are available as well.
http://www.hg.org/antitrust.html

Periodicals

Global Competition Review’s website contains news about competition issues and the competition bar around the world, articles, and extracts from GCR’s publications:
http://www.global-competition.com/
com_news/main_fs.htm

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Competition Policy and Economics
Other Internet Resources

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