1 The Legislative Framework of the Cartel Prohibition:
1.1 What is the legal basis and general nature of the cartel prohibition, e.g. is it civil and/or criminal?
The legal basis of cartel prohibition in Canada is the Competition Act, which contains both civil and criminal prohibitions against cartel activity.
1.2 What are the specific substantive provisions for the cartel prohibition?
Criminal cartel provisions came into effect in March 2010 which created a dual-track approach to cartel prohibition. The criminal track is intended for prosecution of “hard-core” cartels. Amendments to section 45 of the Competition Act provide that any person who conspires, agrees or arranges with a competitor...
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