Asked by Gracia Malohing on Jul 20, 2024
Verified
Subsection 45(2) of the Competition Act enumerates certain activities which are exempt from the Act in certain circumstances. Describe these activities and indicate in which circumstances they do not violate the Act.
Subsection 45(2)
A specific reference within legislation or regulation that requires detailed knowledge of the context to describe accurately, often referring to a particular legal right, duty, or prohibition.
Competition Act
Canadian federal law aimed at preventing anti-competitive practices in the marketplace.
Exempt Activities
Actions or operations that are not subject to certain regulations, restrictions, or legal requirements, usually due to their nature or context.
- Explain the exemptions and exceptions under the Competition Act.
Verified Answer
- those trade practices listed under the heading "Conspiracies and Combinations in Restraint of Trade" in the text which deal with combinations, conspiracies or agreements between companies
- those activities only remain exempt if their purpose is to enhance the products or processes of the parties involved and result in a net benefit to the public or at least maintain the status quo
- if any such enumerated activities restricts or is likely to restrict persons from entering into the associated business or would lessen competition, the parties may then be subject to application of and possible conviction under the Act
- also exempt under certain conditions are agreements in restraint of trade relating wholly to the export of products from Canada as long as the process of exportation is not being restricted, the setting of reasonably necessary standards by professional bodies and arrangements among affiliated companies in many cases unless some are foreign firms and the agreement is made in Canada
Learning Objectives
- Explain the exemptions and exceptions under the Competition Act.
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