THE REGULATION OF PRICE DISCRIMINATION UNDER THE COMBINES INVESTIGATION ACT

Authors

  • ROBERT S NOZICK

Keywords:

Criminal Law, Trade Regulation

Abstract

Because there is little Canadian jurisprudence on the law prohibiting price discrimination, and because the American position may be persuasive, the author uses American jurisprudence to comment on the importance of the law to business and economic policy. He conducts a detailed analysis of the relevant provisions in the Combines Investigation Act, looking particularly at the requirements that 1) the discrimination in price be against competitors of the favoured purchaser, 2) the offence be one of price discrimination in respect of a sale of articles of like quality, 3) the discrimination be in regard to articles of like quality and 4) the discrimination forms part of a practice of discriminating. He then considers the exclusion of the rule for the service industry and the question of buyer liability. The article concludes with suggestions for reform.

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Published

1976-06-01

Issue

Section

Legal Commentary