Competition Act

Version of section 78 from 2002-12-31 to 2009-03-11:

Marginal note:Definition of "anti-competitive act"
  •  (1) For the purposes of section 79, “anti-competitive act”, without restricting the generality of the term, includes any of the following acts:

    • (a) squeezing, by a vertically integrated supplier, of the margin available to an unintegrated customer who competes with the supplier, for the purpose of impeding or preventing the customer’s entry into, or expansion in, a market;

    • (b) acquisition by a supplier of a customer who would otherwise be available to a competitor of the supplier, or acquisition by a customer of a supplier who would otherwise be available to a competitor of the customer, for the purpose of impeding or preventing the competitor’s entry into, or eliminating the competitor from, a market;

    • (c) freight equalization on the plant of a competitor for the purpose of impeding or preventing the competitor’s entry into, or eliminating the competitor from, a market;

    • (d) use of fighting brands introduced selectively on a temporary basis to discipline or eliminate a competitor;

    • (e) pre-emption of scarce facilities or resources required by a competitor for the operation of a business, with the object of withholding the facilities or resources from a market;

    • (f) buying up of products to prevent the erosion of existing price levels;

    • (g) adoption of product specifications that are incompatible with products produced by any other person and are designed to prevent his entry into, or to eliminate him from, a market;

    • (h) requiring or inducing a supplier to sell only or primarily to certain customers, or to refrain from selling to a competitor, with the object of preventing a competitor’s entry into, or expansion in, a market;

    • (i) selling articles at a price lower than the acquisition cost for the purpose of disciplining or eliminating a competitor;

    • (j) acts or conduct of a person operating a domestic service, as defined in subsection 55(1) of the Canada Transportation Act, that are specified under paragraph (2)(a); and

    • (k) the denial by a person operating a domestic service, as defined in subsection 55(1) of the Canada Transportation Act, of access on reasonable commercial terms to facilities or services that are essential to the operation in a market of an air service, as defined in that subsection, or refusal by such a person to supply such facilities or services on such terms.

  • Marginal note:Regulations

    (2) The Governor in Council may, on the recommendation of the Minister and the Minister of Transport, make regulations

    • (a) specifying acts or conduct for the purpose of paragraph (1)(j); and

    • (b) specifying facilities or services that are essential to the operation of an air service for the purpose of paragraph (1)(k).

  • R.S., 1985, c. 19 (2nd Supp.), s. 45;
  • 2000, c. 15, s. 13.