LAW 525 Lecture 3: Law545-Lecture3
10 Feb 2017
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Document Summary
Competition is good for business & consumers. Gives small business" a fair chance to compete. Investigative powers: search warrants, wiretaps, orders to produce documents. Comp bureau or private party initiates investigation. Usually matter is heard by comp tribunal. Remedies: orders, admin monetary penalties, restitution; no jail. Information requests: court order for production of documents, search warrants- search premises, seize docs, wiretaps. Civil reviewable matters- usually heard by comp tribunal. Intentional (true crime) offences & slo - heard by a court. S. 36 comp act- private action for damages against parties that have violated the intentional (true crime) offences (eg. conspiracy, bid-rigging, knowing or reckless misleading advertising) or slo or violate a court or tribunal order. Full mens rea (true crime) offence or slo - fines up to 25m, jail, civil amp up to 10m, court orders, civil damages. 3 options available to address this issue are: S. 52(1): not necessary to prove that any person was actually deceived or misled.
