• Publication Date: January 11, 2021
  • ISBN: Print (Paperback): 9781552215555
  • ISBN: Digital (PDF): 9781552215562
  • 586 pages; 6" x 9"

Canadian Competition Law and Policy

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Product Description

Competition law is centered on the idea that competitive markets can efficiently and effectively deliver the goods, services, and economic growth that society desires. It seeks to promote the proper functioning of markets in order to deliver such benefits as low prices, consumer choice, and innovative products. This is done through provisions such as criminal offences for price fixing and other anti-competitive agreements between competitors, through the review of mergers that may prevent or lessen competition, and through remedies against dominant firms that may exclude competitors or create barriers to entry. Competition laws have gained importance internationally in recent decades, and are now present in over 130 jurisdictions worldwide.

Canadian Competition Law and Policy provides a succinct and accessible analysis of the Competition Act and related legislation, regulations, enforcement guidelines, and other guidance issued by the Competition Bureau. The discussion provides extensive case examples drawn from Canadian, American, European, and other competition law authorities to illuminate concepts and legal tests. The book seeks to offer students, lawyers, and others interested in the subject a practical guide to the context, objectives, and evolution of the Canadian competition law scheme by providing

  • an overview of the jurisprudential and legislative history;
  • an approachable outline of key economic concepts; and
  • a review of methods and approaches applied by economists and lawyers to the analysis of competition law problems.

While this book is focused on the law, the discussion also touches on topics related to the broader subject of competition policy, which deals with such matters as how competition legislation is designed and implemented, and its interplay with regulatory and other government policies that may affect the competitive market.  An emerging issue in this respect is the conduct of dominant firms in digital and data-driven markets, and the extent to which competition law is equipped to address this conduct or may need to adapt or change to do so. Canadian Competition Law and Policy addresses other fascinating and challenging examples of industry structures (such as oligopolistic markets) and market conduct (such as tied selling and predatory pricing) that require a blend of business, economics, law and related disciplines for their analysis.

List of Tables and Figures

Foreword

Preface

Acknowledgements

Chapter 1: Introduction

Chapter 2: Enforcement and Adjudication: Historical Evolution and Current Structure

Chapter 3: Canadian Competition Law Objectives and Foundational Economic Concepts

Chapter 4: Market Definition and Market Power

Chapter 5: Merger Review

Chapter 6: Agreements Between Competitors

Chapter 7: Abuse of Dominance

Chapter 8: Vertical Practices: Exclusive Dealing, Market Restriction, Tied Selling, and Refusals to Supply

Chapter 9: Pricing Practices: Predatory Pricing, Price Maintenance, and Price Discrimination

Chapter 10: Deceptive Marketing Practices

Table of Cases

Index

About the Author

On September 28, 2021, Visiting Professor John S. Tyhurst of the University of Ottawa was award third place distinction of the 2021 Walter Owen Book Prize for his book Canadian Competition Law and Policy.

Twenty-seven books were submitted to the Prize competition. A six-person jury rigorously assessed the value of each book in the context of the following selection criteria:

  • An entirely new work (or a previous title’s complete revision), other than a law annotation, jurisprudence directory, or collective work
  • Contributing to Canadian legal literature (such as by demonstrating theoretical depth and erudition; unity; coherence; structure, and organization}
  • Enhancing quality of legal research in Canada
  • Substantial in nature (comprising legal doctrine instead of legal theory or law reform);
  • Containing excellent English language writing (not a translation)
  • Published (or completed for publication) in 2019 or 2020
  • About a topic of current interest in, if not essential to, law practice
  • Which is, or likely to be, highly-valued by law practitioners, judges and academics

According to principal Jury reviewer Hon. Kenneth C. Mackenzie, Tyhurst’s book “provides a comprehensive guide to the current law” and offers “constructive criticism,” recognizing that competition law and policy will need to continue to adapt to new competitive challenges.

Accompanying the third place prize distinction, Professor Tyhurst received a cheque of $5,000 from the Canadian Foundation for Legal Research for his signal accomplishment and contribution to Canadian legal literature.

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