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level: The Competition Act

Questions and Answers List

level questions: The Competition Act

Question	Answer
i. 1.1 The purpose of this Act is to maintain and encourage competition in Canada in order to promote the efficiency and adaptability of the Canadian economy, in order to expand opportunities for Canadian participation in world markets while at the same time recognizing the role of foreign competition in Canada, in order to ensure that small and medium-sized enterprises have an equitable opportunity to participate in the Canadian economy and in order to provide consumers with competitive prices and product choices	The purpose of the act
i. Every person commits an offence who, with a competitor of that person with respect to a product, conspires, agrees or arranges 1. (a) to fix, maintain, increase or control the price for the supply of the product; 2. (b) to allocate sales, territories, customers or markets for the production or supply of the product; or 3. (c) to fix, maintain, control, prevent, lessen or eliminate the production or supply of the product.	Offences in Relation to Competition
a. (a) an agreement or arrangement between or among two or more persons whereby one or more of those persons agrees or undertakes not to submit a bid or tender in response to a call or request for bids or tenders, or agrees or undertakes to withdraw a bid or tender submitted in response to such a call or request, or b. (b) the submission, in response to a call or request for bids or tenders, of bids or tenders that are arrived at by agreement or arrangement between or among two or more bidders or tenderers, c. where the agreement or arrangement is not made known to the person calling for or requesting the bids or tenders at or before the time when any bid or tender is submitted or withdrawn, as the case may be, by any person who is a party to the agreement or arrangement.	Bid Rigging
1. (3) No person shall be convicted of an offence under this section who establishes that the person exercised due diligence to prevent the commission of the offence.	Due Diligence
1. (6) Any person who contravenes this section is guilty of an offence and liable a. (a) on conviction on indictment, to a fine in the discretion of the court or to imprisonment for a term not exceeding 14 years, or to both; or b. (b) on summary conviction, to a fine not exceeding $200,000 or to imprisonment for a term not exceeding one year, or to both. v. multi-level marketing plan means 1. a plan for the supply of a product whereby a participant in the plan receives compensation for the supply of the product to another participant in the plan who, in turn, receives compensation for the supply of the same or another product to other participants in the plan. (scheme of pyramid selling)	Offence and punishment
i. 74.01 (1) A person engages in reviewable conduct who, for the purpose of promoting, directly or indirectly, the supply or use of a product or for the purpose of promoting, directly or indirectly, any business interest, by any means whatever, 1. (a) makes a representation to the public that is false or misleading in a material respect; 2. (b) makes a representation to the public in the form of a statement, warranty or guarantee of the performance, efficacy or length of life of a product that is not based on an adequate and proper test thereof, the proof of which lies on the person making the representation; or 3. (c) makes a representation to the public in a form that purports to be 4. (i) a warranty or guarantee of a product, or 5. (ii) a promise to replace, maintain or repair an article or any part thereof or to repeat or continue a service until it has achieved a specified result, 6. if the form of purported warranty or guarantee or promise is materially misleading or if there is no reasonable prospect that it will be carried out.	Misrepresentations to public