The Law And Economics Of Canadian Competition Policy

Offering a unique cross-disciplinary approach to scholarship in law and economics, this much-needed work expounds and critically evaluates all of the major doctrines of Canadian competition policy. The topics addressed, each in a separate chapter, include: Canadian competition policy in an historical context; basic economic concepts; multi-firm conduct; horizontal agreements; the merger review process; predatory pricing and price discrimination; vertical restraints; intra-brand competition; inter-brand competition; abuse of dominance; competition policy and intellectual property rights; competition policy and trade policy; competition policy and regulated industries; and enforcement. The treatment of each substantive topic is organized first around a discussion of the relevant body (or bodies) of economic theory and then the pertinent bodies of legal doctrine, including case law. Each chapter contains a critique of existing law in light of contemporary economic theory. This is the only book available that offers an up-to-date integrated analysis of economic theory and legal doctrine in the context of Canadian competition policy.

This publication includes eight papers which address the following issues: the beginning of Canadian competitions policy, 1888-1900; the administration and enforcement of competitions policy in Canada, 1889 to 1952; Canadian competition law reform, 1919 and 1935; the history of price maintenance legislation in Canada; the evolution of legislation, adjudication and administration; the case of the Competition Act; a comparison of Canada's competitive environment in 1889 and 1989; and 1889-1989 and into the twenty-first century.

From the Foreword: Despite the longevity and importance of competition policy, there has been no comprehensive study of its objectives. Hence this work by Gorecki and Stanbury fills a gap in our understanding of how the objectives of a public policy are adapted to changes in the economy, shifts in political priorities, new developments in theory, and refinements in judicial decision making.

Canadian Competition Law and Policy provides a succinct and accessible analysis of the Competition Act and related legislation, regulations, enforcement guidelines, and other guidance. The book provides extensive case examples drawn from Canadian, American, European, and other competition law authorities to illuminate concepts and legal tests.