competition commission act

The Namibian Competition Commission, under section 22 of the Competition Act, 2003 (Act No. (c)have any other exclusionary effect in a market. 79.1The amount of an administrative monetary penalty imposed on a person under subsection 79(3.1) is a debt due to Her Majesty in right of Canada and may be recovered as such from that person in a court of competent jurisdiction. (a)the registrar, prothonotary or other like officer of a superior or county court in the province in which the record was ordered to be produced or in which it was found, or of the Federal Court; (b)a sheriff of the district or county in which the record was ordered to be produced or in which it was found; or. (3)No order shall be made under this section that is at variance with any treaty, convention, arrangement or engagement respecting patents, certificates of supplementary protection, trademarks, copyrights or integrated circuit topographies to which Canada is a party. (5)Subsections (2) and (3) do not apply to a person who establishes that, in the circumstances, a representation as to price is not false or misleading in a material respect. (b)subject to subsection (3), has effect for the period that is specified in the order. (i)a person has contravened an order made pursuant to section 32, 33 or 34, or Part VII.1 or VIII, (ii)grounds exist for the making of an order under Part VII.1 or VIII, or, (iii)an offence under Part VI or VII has been or is about to be committed, and. (5)The judge who made the order under subsection (1) or another judge of the same court may vary its terms and conditions. (2)Any person who contravenes subsection (1) is guilty of an offence and liable on summary conviction to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding one year or to both. 109(1)This Part does not apply in respect of a proposed transaction unless the parties thereto, together with their affiliates, (a)have assets in Canada that exceed four hundred million dollars in aggregate value, determined as of such time and in such manner as may be prescribed, or such greater amount as may be prescribed; or. (2)Every person who, without good and sufficient cause, the proof of which lies on that person, contravenes subsection 114(1) is guilty of an offence and liable on conviction on indictment or on summary conviction to a fine not exceeding $50,000. Marginal note:Duration of order: failure to comply, (6)The duration of an interim order issued under paragraph (1)(b) shall not exceed, (a)ten days after section 114 is complied with, in the case of an interim order issued on ex parte application; or. (2)The court may punish any failure to comply with an order under this section by a fine in the discretion of the court or by imprisonment for a term not exceeding two years. Marginal note:Where admission or access refused. Home | Malaysia Competition Commission (MyCC) It became operational on 09 December 2009. Boris Bronfentrinker Partner Litigation. (2)No person shall, for the purpose of promoting, directly or indirectly, any business interest or the supply or use of a product, knowingly or recklessly send or cause to be sent in an electronic message a representation that is false or misleading in a material respect. (d)prevent or lessen, unduly, competition in the production, manufacture, purchase, barter, sale, transportation or supply of any such article or commodity. 30.06(1)A judge to whom an application is made under subsection 30.05(2) may issue a search warrant authorizing the person named in it to execute it anywhere in Canada where the judge is satisfied by information on oath or solemn affirmation that there are reasonable grounds to believe that. Amendments to Companies Act on the Cards - polity.org.za (5)Where no application is made in accordance with subsection (4) within thirty days after the day on which a record is placed in custody under this section, any judge referred to in subsection (4) shall, on ex parte application by or on behalf of the Commissioner, order the record to be delivered to the Commissioner. Marginal note:Confirming or setting aside interim order, (7)A person against whom the Tribunal has made an interim order may apply to the Tribunal in the first 10 days during which the order has effect to have it varied or set aside and the Tribunal shall, (a)if it is satisfied that one or more of the situations set out in paragraphs (2)(a) to (c) existed or are likely to exist, make an order confirming the interim order, with or without variation as the Tribunal considers necessary and sufficient to meet the circumstances, and fix the effective period of that order for a maximum of 70 days, beginning on the day on which the order confirming the interim order is made; and. (h)any other factor that is relevant to competition in a market that is or would be affected by the merger or proposed merger. (2.1)The notice shall specify the particular additional information or classes of additional information that are to be supplied. (3)Subject to subsection (4), at least 48 hours notice of an application referred to in subsection (1), (1.1) or (2) shall be given by or on behalf of the Commissioner to the person in respect of whom the order or extension is sought. 30.3Nothing in this Part shall be construed so as to abrogate or derogate from any arrangement or agreement, other than an agreement under this Part, in respect of cooperation between the Commissioner and a foreign authority. (a)the person has done, is about to do or is likely to do any act or thing constituting or directed toward the commission of the offence; (b)if the offence is committed or continued, serious harm is likely to ensue unless the injunction is issued; and. The Act also prohibits other business practices that may harm . Marginal note:Offences by employees or agents. (3)In this section and section 45, federal financial institution means a bank or an authorized foreign bank within the meaning of section 2 of the Bank Act, a company to which the Trust and Loan Companies Act applies or a company or society to which the Insurance Companies Act applies. Marginal note:When conditional order may be rescinded or varied, (2)Where, on application by any person against whom an order under section 92 is directed, the Tribunal is satisfied that, (a)a reduction, removal or remission specified in the order pursuant to paragraph (1)(a) has occurred, or. Competition Commission of India - (a)on the product, its wrapper or container; (b)on anything attached to, inserted in or accompanying the product, its wrapper or container or anything on which the product is mounted for display or sale; or. The Zondo Commission recommended that Section 162 of the Companies Act be amended for "time bar to permit applications to have directors declared . (9)At the hearing of an application under subsection (7), the Tribunal shall provide the applicant, the Commissioner and any person directly affected by the interim order with a full opportunity to present evidence and make representations before the Tribunal makes an order under that subsection. 113The following classes of transactions are exempt from the application of this Part: (a)a transaction all the parties to which are affiliates of each other; (a.1)a transaction in respect of which the Minister of Finance has certified to the Commissioner under paragraph 94(b) that it is, or would be, in the public interest; (b)a transaction in respect of which the Commissioner has issued a certificate under section 102; (c)a transaction in respect of which the Commissioner or a person authorized by the Commissioner has waived the obligation under this Part to notify the Commissioner and supply information because substantially similar information was previously supplied in relation to a request for a certificate under section 102; and. (9)No order may be made under subsection (2) in respect of conduct referred to in subparagraph (1)(a)(ii) if the Tribunal is satisfied that the person or class of persons referred to in that subparagraph, in respect of products supplied by the person referred to in subsection (3). (3)No order shall be made against a supplier under this section in respect of a practice of refusing a customer delivery of an article that the customer sells in association with a trademark that the supplier owns or in respect of which the supplier is a registered user where the Tribunal finds that the practice is necessary to maintain a standard of quality in respect of the article. (3)No person who engages in telemarketing shall. (4)No person shall be convicted of an offence under subsection (1) in respect of a conspiracy, agreement or arrangement that would otherwise contravene that subsection if, (a)that person establishes, on a balance of probabilities, that, (i)it is ancillary to a broader or separate agreement or arrangement that includes the same parties, and, (ii)it is directly related to, and reasonably necessary for giving effect to, the objective of that broader or separate agreement or arrangement; and. (a)a transcript of every examination held under the order; (b)a general description of every record or thing produced to the person under the order and, if the judge so requires, a record or thing itself; and. 124.2(1)The Commissioner and a person who is the subject of an inquiry under section 10 may by agreement refer to the Tribunal for determination any question of law, mixed law and fact, jurisdiction, practice or procedure, in relation to the application or interpretation of Part VII.1 or VIII, whether or not an application has been made under Part VII.1 or VIII. Exemption for EnergyAustralia Pty Ltd | ACCC (4)A search warrant issued under subsection (1) must. Under this Act, as amended, the Commission is empowered, among other things, to (a) prevent unfair methods of competition and unfair or deceptive acts or practices in or affecting commerce; (b) seek monetary redress and other relief for conduct injurious to consumers; (c) prescribe rules defining with specificity acts . (d)any effect of the agreement or arrangement on the barriers referred to in paragraph (c); (e)the extent to which effective competition remains or would remain in the market; (f)any removal of a vigorous and effective competitor that resulted from the agreement or arrangement, or any likelihood that the agreement or arrangement will or would result in the removal of such a competitor; (g)the nature and extent of change and innovation in any relevant market; (g.1)network effects within the market; (g.2)whether the agreement or arrangement would contribute to the entrenchment of the market position of leading incumbents; (g.3)any effect of the agreement or arrangement on price or non-price competition, including quality, choice or consumer privacy; and. Marginal note:Confidentiality of foreign requests and evidence. The Competition Act was issued to safeguard and promote competition in the Namibian market; to establish the Namibian Competition Commission and make provision for its powers, duties and functions; and to provide for incidental matters. (d)made a practice of not providing the level of servicing that purchasers of the products might reasonably expect. (7.1)The Tribunal may grant leave to make an application under section 76 if it has reason to believe that the applicant is directly affected by any conduct referred to in that section that could be subject to an order under that section. Marginal note:Consent agreement parties to a private action. (c)is an arrangement, as defined in section 53.7 of the Canada Transportation Act, that has been authorized by the Minister of Transport under subsection 53.73(8) of that Act and for which the authorization has not been revoked, if the conspiracy, agreement or arrangement is directly related to, and reasonably necessary for giving effect to, the objective of the arrangement. (2)The register shall be accessible to the public. Marginal note:Proof of deception not required. FTC Releases New Policy Statement on "Unfair Methods of Competition Legislation | Malaysia Competition Commission (MyCC) (3.1)For greater certainty, the Tribunal may not make an award of damages under this section to a person granted leave under subsection 103.1(7). The Commission has powers to investigate complaints and make determinations on business conduct found to be contravening the provisions of the Act. The Malaysia Competition Commission (MyCC) was established on 1 April 2011 with the purpose of enforcing the Competition Act 2010 (CA 2010). (b)the foreign state believes that the persons evidence or statement would be relevant to the investigation or proceedings in respect of the conduct referred to in paragraph (a). (4)No person named in an order made under subsection 30.11(1) whose reasons for refusing to answer a question or to produce a record or thing are determined not to be well-founded, or whose objection has been ruled against under paragraph 30.11(8)(a), shall, during the continued execution of the order or ruling, refuse to answer that question or to produce that record or thing to the person designated under paragraph 30.11(2)(c), except with the permission of the judge who made the order or ruling or another judge of the same court. Marginal note:Binding on agents of Her Majesty in certain cases. where the communication is for the purpose of giving effect to a law in force in a country other than Canada, and that the decision, if implemented, would have or would be likely to have any of the effects mentioned in subparagraphs 82(b)(i) to (iv), or. 3. Competition Commission of India (CCI) - INSIGHTSIAS 74.05(1)A person engages in reviewable conduct who advertises a product for sale or rent in a market and, during the period and in the market to which the advertisement relates, supplies the product at a price that is higher than the price advertised. (c)is in respect only of the supply of services that facilitate the export of products from Canada. 64(1)No person shall in any manner impede or prevent or attempt to impede or prevent any inquiry or examination under this Act. Marginal note:Register of specialization agreements. (2)Every person holding the office of Deputy Director of Investigation and Research immediately before the coming into force of section 5 shall continue in office as a Deputy Commissioner of Competition referred to in section 8 of the Competition Act, as enacted by this Act. (a)the identity of any person from whom information was obtained under this Act; (b)any information obtained in the course of an inquiry under section 10; (c)any information obtained under section 11, 15, 16 or 114; (c.1)any information obtained under any of sections 53.71 to 53.81 of the Canada Transportation Act; (d)any information obtained from a person requesting a certificate under section 102; (e)whether notice has been given or information supplied in respect of a particular proposed transaction under section 114; and. (B)a person in a country other than Canada who is in a position to direct or influence the policies of that person or company. (5)Every person who is in possession or control of any premises, record or thing in respect of which a search warrant is issued under subsection (1) shall, on presentation of the warrant, permit the person named in the warrant to enter the premises, search the premises and examine the record or thing and seize it. (c)an offence under Part VI or VII has been or is about to be committed. Competition Commission | Shaping markets, furthering progress (ii)the information will be treated in a confidential manner and, except for the purposes mentioned in subparagraph (i), will not be further disclosed without the Commissioners express consent. (2)An appeal may be brought in the court of appeal of a province from any decision or order made under this Part, or from a refusal to make an order, by a superior court of the province. (5.4)An order extending an interim order issued under subsection (5.3) shall have effect for such period as the Tribunal considers necessary to give the Commissioner a reasonable opportunity to receive and review the information referred to in that subsection. Marginal note:Exception where gains in efficiency. (4)Any record or other thing that is produced pursuant to section 11, or the retention of which is authorized under subsection 17(3), shall be returned to the person by whom it was produced or the person from whom it was seized not later than sixty days after it was produced or its retention was authorized, unless, before the expiration of that period. that will, in the opinion of the Tribunal, prevent the merger from preventing or lessening competition substantially. (a)to fix, maintain, increase or control the price for the supply of the product; (b)to allocate sales, territories, customers or markets for the production or supply of the product; or. (3)In a prosecution under subsection (1), the court may infer the existence of a conspiracy, agreement or arrangement from circumstantial evidence, with or without direct evidence of communication between or among the alleged parties to it, but, for greater certainty, the conspiracy, agreement or arrangement must be proved beyond a reasonable doubt. The Competition Act 2002 is an Indian law prohibiting activities limiting market competition and protecting consumers. (b)any other enactment of Parliament or of the legislature of a province. vs Union of India & Ors, (2007) 2 SCC 640. (3.1)The Attorney General of Canada or the attorney general of the province or any person against whom an order is made under this section may appeal against the order or a refusal to make an order or the quashing of an order from the court of appeal of the province or the Federal Court of Appeal, as the case may be, to the Supreme Court of Canada on any ground that involves a question of law or, if leave to appeal is granted by the Supreme Court, on any ground that appears to that Court to be a sufficient ground of appeal. (6)If an application is made under subsection (7), an interim order has effect until the Tribunal makes an order under that subsection. 90.1(1)If, on application by the Commissioner, the Tribunal finds that an agreement or arrangement whether existing or proposed between persons two or more of whom are competitors prevents or lessens, or is likely to prevent or lessen, competition substantially in a market, the Tribunal may make an order, (a)prohibiting any person whether or not a party to the agreement or arrangement from doing anything under the agreement or arrangement; or. (2)A warrant issued under subsection (1) may be executed anywhere in Canada by any peace officer. 12(1)Any person summoned to attend pursuant to paragraph 11(1)(a) is competent and may be compelled to give evidence. (11)In considering an application for leave, the Tribunal may not draw any inference from the fact that the Commissioner has or has not taken any action in respect of the matter raised by it. (11)When an interim order is in effect, the Commissioner shall proceed as expeditiously as possible to complete the inquiry arising out of the conduct in respect of which the order was made. (6)The judge who made the order under subsection (1) or another judge of the same court may vary its terms and conditions. (2)Subject to subsection (3), at least forty-eight hours notice of an application for an interim order under subsection (1) shall be given by or on behalf of the Commissioner to each person against whom the order is sought. (c)make and deliver to the Commissioner or the authorized representative of the Commissioner, within a time specified in the order, a written return under oath or solemn affirmation showing in detail such information as is by the order required. (9)On application by the Commissioner or the person against whom the order is made, the court may vary any term that is specified under subsection (8). Marginal note:Powers of Federal Court where certain rights used to restrain trade, 32(1)In any case where use has been made of the exclusive rights and privileges conferred by one or more patents for invention, by one or more certificates of supplementary protection issued under the Patent Act, by one or more trademarks, by a copyright or by a registered integrated circuit topography, so as to. 30.18(1)The judge who made the order under subsection 30.11(1) or 30.16(1) or another judge of the same court may issue a warrant for the arrest of the person named in the order where the judge is satisfied, on an information in writing and under oath or solemn declaration, that. (a)the effect of the practice on barriers to entry in the market, including network effects; (b)the effect of the practice on price or non-price competition, including quality, choice or consumer privacy; (c)the nature and extent of change and innovation in a relevant market; and.
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