LAW 525 Lecture Notes - Lecture 4: Mens Rea
12 Feb 2016
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Competition is good for business and consumers. Purpose: promotes economic efficiency and adaptability, expand opportunities globally, gives smaller business a fair chance to compere, provide competitive prices and product choices. Review conduct to determine whether anti-competitive effect. Criminal offences- the following are prohibited: conspiracy (s. 45, bid-rigging (s. 47, knowing or reckless misleading advertising (s. 52) Investigative powers- search warrants, wiretaps, orders to produce documents. Civil reviewable matters- the following are reviewable: civil misleading advertising (s. 74. 01, refusal to deal (s. 75, price maintenance (s. 76, tied selling/ exclusive dealing/market restriction (s. 77, abuse of dominance (s. 78, 79, mergers (s. 92) Comp bureau or private party initiates investigation. Usually matter is heard by comp tribunal. Remedies- orders, admin monetary penalties, restitution; no jail. 1: court order for production of documents, search warrants- search premises, seize docs, wiretaps. Civil reviewable matters- heard by comp tribunal. Intentional (true crime) offences and slo- heard by a court.
