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COMPETITION POLICY ISSUES 



S ^ 


VOLUME II 

(Sections 5-7) 


Lawson A.W. Hunter, Q.C. and Sandra J. Simpson 

Fraser & Beatty 


Fall 1988 














COMPETITION POLICY ISSUES 


VOLUME II 

(Sections 5-7) 

Lawson A.W. Hunter, Q.C. and Sandra J. Simps 

Fraser & Beatty 


Fall 1988 



Digitized by the Internet Archive 
in 2018 with funding from 
University of Toronto 


https://archive.org/details/competitionpolic02hunt 


COMPETITION POLICY ISSUES 


Lawson A.W. Hunter, Q.C. and Sandra J. Simpson 

Fraser & Beatty 

Fall 1988 


TABLE OF CONTENTS 
COURSE OUTLINE 


SECTION ONE: Objectives of Competition Policy 

(i) Dynamic Change and Accountability in a Canadian Market 

Economy, Lawrence Skeoch and Bruce McDonald (Ottawa: 
D.S.S., 1976 ) Ch. 1. 


(ii) The Objectives of Canadian Competition Policy 1888-1983 , 

Paul K. Gorecki and W.T. Stanbury (Montreal: Institute for 
Research on Public Policy, 1984 ), Ch. 6. 

(iii) Antitrust Cases, Economic Notes and Other Materials , 

Richard Posner (2d ed) (St. Paul, Minn.: West Pub. Co., 
1981) pp. 1-13. 


SECTION TWO: Overview 

a) Statutory Overview 

--Buying Groups and Price Discrimination: Notes for an 
Address: Buying Groups and Price Discrimination, Ian 
Nielson-Jones, Coordinator, Office of Enforcement 
Operations, Bureau of Competition Policy, November 1983.. 

b) Institutional Overview 

(i) Administration and Enforcement of the Act—Powers of the Dir 
--Office Consolidation, Competition Act , November 1987. 

(To be purchased separately) 

—Annual Report (1987) of the Director of Investigation and 
Research, Competition Act. (To be distributed in class 
when tabled in the House of Commons) 

--Bureau Organization Chart... 

—Annual Report (1986) of the Director of Investigation and 

Research pp.1-17..... 

--Competition Law Amendments: A Guide (December 1985) (To be 
distributed separately) 


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41 


52 


60 


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78 


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(ii) Search and Seizure 

—"Recent Developments in Canadian Law: Competition Law", 

G. Kaiser and I. Nielson-Jones, (1986) 18 Ottawa L.R. 

401, pp. 457-467 . ............ 88 

—Speech by Morris Rosenberg, Senior General Counsel, Legal 
Branch, Consumer and Corporate Affairs, October 1987..... 94 

-- Clarke Transport , Reasons for Judgment, Rosenberg, J., June 
12, 1987, Ontario Supreme Court (unreported). Northern Pool 
Express Ltd, v. Director , Ont. C.A. January 22, 1988, 

(unreported)... 133 

— La Giorgia v. Director: Rossignol Skis , [1987] 3 F.C. 

28 (C.A. )........... 157 

— Commodore Business Machines Ltd, v. Director of Investigation 

and Research , Ont. C.A., March 16, 1988 (unreported). 166 

-- Freight Forwarding : 

a) Reasons of the Court of Appeal, January 22, 1988... 173 

b) Respondent's Factum in the Supreme Court.... 176 

(iii) Programme of Compliance 

--Notes for a Luncheon Address to the Insight Conference 
on "The Impact of Competition Policy on Mergers and 
Acquisitions", Calvin S. Golman, Q.C., Director of 
Investigation and Research, May 9, 1988, Toronto, Ontario.. 194 
—Bureau advisory opinions, ARCs and compliance (To be 
distributed Fall 1988 if available) 

(iv) Competition Tribunal 

—Composition of Tribunal (brochure to be handed out 


separately)... 212 

—Act and Regulations (in Consolidated Act) 

--Palm Dairies (see Section Five) 

—Reservec: Decision of the Tribunal, July 18, 1988........ 215 


(v) Constitutional Framework (cases not in casebook) 

—"The Trade and Commerce Power: Domestic Issues", 

M. Rosenberg and J. Tyhurst, Federal/Provincial 

Division of Powers Conference, November 3, 1987 . 247 

—A.G. v. C.N. Transport Ltd, [1983] 2 S.C.R. 206, [1984] 

1 W.W.R. 193 (SCC). 

--A.G.Can. v. Ready Mix Inc., [1985] 2 F.C. 40, 25 DLR (4th) 

373 (C.A.). 

—Thomson Newspapers Ltd. v. Director of Investigation and 

Research (1986), 57 O.R. (2d) 257, 34 DLR (4th) 413 (C.A.). 


SECTION THREE: Abuse of Dominant Position 

(i) "Abuse of Dominant Position", Bruce McDonald, 

Canadian Competition Policy Record , Vol. 8, No. 1, 
March 1987, pp. 59-75... 


318 































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PAGE 


(ii) 

"Reflections on McDonald on Abuse of Dominant 

Position", R.D. Anderson and S.D. Khosla, Canadian 

Competition Policy Record, Vol. 8, No. 3, September 1987, 

pp. 51-60 ..... 335 

(iii) 

"Abuse of Dominance or Abuse of Reason?", Roger L. Martin 
and Brad Martin, Canadian Competition Policy Record, 

Vol. 8, No. 3, September 1987 , pp. 61-67 . 345 

SECTION 

FOUR: Prenotification 

(i) 

Competition Act--Commentary on the Regulations; 

Procedural Information; Prenotification Guide and 

Flowchart. 351 

(ii) 

"Merger Notification under the Competition Act", Howard 

Wetston, ABA Annual Meeting, Toronto, August 9, 1988. 

(to be distributed in class) 

(iii) 

"Notifiable Transactions Under the Competition Act", 

Kathleen Taylor, presented at the Insight Conference 
on "The Impact of Competition Policy on Mergers and 
Acquisitions", May 9, 1988, Toronto, Ontario. 376 

( iv) 

"Notifiable Transactions Under the Competition Act", 

Debra P. Steger and John F. Blakney, presented at the 

Fraser & Beatty Competition-Free Trade Seminar on 

November 11 , 1987, Toronto, Ontario....... 406 

SECTION 

FIVE: Merger Policy 

(i) 

"The New Merger Provisions of the Competition Act 

Certainty or a Random Walk", Lawson A.W. Hunter, Q.C., 

Meredith Memorial Lectures, presented at McGill 

University on September 18, 1987 , Montreal, Quebec. 422 

(ii) 

"The Merger Review Process", Howard Wetston, presented 
at the Insight Conference on "The Impact of Competition 

Policy on Mergers and Acquisitions", May 9, 1988, Toronto, 
Ontario... 452 

(iii) 

Materials concerning the combination of the operations 
of the Reservec and Pegasus computer reservation systems. 
Application by the Director of Investigation and Research, 

Reply by Air Canada, Reply of the Director of 

Investigation and Research... 488 

(iv) 

Materials concerning the proposed share acquisition of 

Palm Dairies Limited by 340280 Alberta Limited including 
a proposed Consent Order and Orders dated October 28 and 
November 27 , 1987 ... 579 
















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SECTION SIX: Competition Policy and Regulated Industry 

(i) "The Competition Act as it Relates to the Regulated 
Sector", Notes for an Address by Calvin S. Goldman, 

Director of Investigation and Research—-Competition 

Policy, September 10,1986...... 767 

(ii) Jabour v. Law Society of B.C., (1983) 137 D.L.R.(3d) 1 

(SCC)........ 810 

(iii) R. v. Canadian Breweries Ltd. [1960], O.R. 601 

(Ont. H.C.), 126 C.C.C. 133 (H.C.). 856 

(iv) Investment Canada Act, S.C. 1985, c.20. 886 

(v) National Transportation Act, 1987 , S.C. 1987, c.34. 

Part VII..... 899 

SECTION SEVEN: International Trade and Competition Law Interface 

(i) "Canadian and U.S. Antitrust Law—Implications for Trade 
Negotiations", Lawson A.W. Hunter, Q.C., D.E. Rosenthal, 

Mark Gillen and Todd Miller..... 910