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Topic: Commissioner for Competition

In the News (Thu 17 Dec 09)

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	Neelie Kroes - Wikipedia, the free encyclopedia
		Neelie Kroes (born 19 July 1941 in Rotterdam) is a Dutch politician, currently serving as European Commissioner for Competition.
		A member of the People's Party for Freedom and Democracy, she was minister for transport in the government of Ruud Lubbers from 1982 to 1989.
		As a European Commissioner for Competition one of her first tasks was to investigate alleged unfair trading practices by Microsoft.
	en.wikipedia.org /wiki/Neelie_Kroes (153 words)

	McCarthy Tétrault LLP - Publications - Straight Ahead — A Vision for Transportation in Canada (Site not responding. Last check: 2007-11-05)
		The Competition Act requires that the Commissioner be notified of most substantial mergers if the acquiree has revenues or assets in Canada of $35 million (Cdn) or more and if all of the parties to the transaction have aggregate revenues or assets in Canada of $400 million (Cdn) or more.
		The Commissioner of Competition would have a period of 150 days from notification of the transaction to report directly to the Minister of Transport in terms of whether the merger or acquisition prevents or lessens competition.
		This is not to the exclusion of the Commissioner of Competition, though certainly the Minister of Transport now occupies the principal role in respect of the approval process.
	www.mccarthy.ca /pubs/publication.asp?pub_code=133 (1618 words)

	Canada (Commissioner of Competition) v. Air Canada (T.D.) (Site not responding. Last check: 2007-11-05)
		It was argued on behalf of Air Canada that the Commissioner of Competition had put forward insufficient evidence to constitute reasonable grounds for believing that the carrier was guilty of predatory pricing or had abused its dominant position.
		In completing his inquiry pursuant to section 10 of the Act, the Commissioner must determine the capacity, revenues, costs and strategic plans for the Routes for Air Canada, Canadian Airlines and CRAL and how the capacity, revenue and costs are divided between the airlines.
		He or she is likely to require some description of the nature of the alleged conduct that is the subject of the inquiry, the basis of the Commissioner's decision to commence an inquiry and his reason for believing that conduct to which the inquiry is addressed has occurred.
	reports.fja.gc.ca /fc/2001/pub/v1/2001fc27050.html (6074 words)

	Commissioner of Competition
		The interswitching provision is a critical competitive access tool that creates the opportunity for competitive service in situations where natural monopolies occur.
		I understand that of all the competitive access provisions, the interswitching provision is the only one that has been employed with reasonable success to date.
		Competition could be enhanced if the Canada Transportation Act was changed so that these interswitching rates were maximum rates and that the shipper and railway could negotiate rates below those prescribed.
	www.cta-otc.gc.ca /rail-ferro/disputes/submissions-2/cb_e.html (375 words)

	Competition Bureau - Mergers
		Under the Competition Act, mergers of all sizes and in all sectors of the economy are subject to review by the Commissioner of Competition and her staff at the Competition Bureau to determine whether they will likely result in a substantial lessening or prevention of competition.
		If the Commissioner of Competition determines that the merger is likely to affect competition, she may apply to the Competition Tribunal for an order to prevent, dissolve or alter the merger.
		In addition, the Commissioner of Competition must be notified of all mergers that exceed certain size thresholds prior to completion.
	www.competitionbureau.gc.ca /internet/index.cfm?itemID=114&lg=e (530 words)

	LBR: Competition Regulators: Canada
		These may be reviewed by the Competition Tribunal on application by the Commissioner of Competition and prohibited.
		The Commissioner of Competition is Canada's chief antitrust enforcement official.
		The Commissioner must commence formal inquiries where there is reason to believe a criminal offence has been or is likely to be committed and where grounds exist for the Competition Tribunal to make an order regarding a reviewable practice.
	www.global-competition.com /regultrs/canada.htm (477 words)

	DEC Commissioner Completes Ironman Competition (Site not responding. Last check: 2007-11-05)
		The Ironman Competition consists of a 2.4-mile swim, a 112-mile bike and a 26.2-mile marathon run.
		This was Commissioner Cahill's first Ironman event and the first Ironman event held in New York State.
		Named by Governor George Pataki as commissioner in 1997, Cahill oversees a department of 3,700 employees and an annual budget of $330 million dedicated to protecting the air, soil, water, fish and wildlife in New York State.
	www.dec.state.ny.us /website/press/pressrel/1999/99x124.html (139 words)

	Stikeman Elliott LLP: The Competitor
		On February 14, 2005 the Competition Tribunal released its decision in the abuse of dominance and exclusive dealing case brought by the Commissioner of Competition against Canada Pipe in 2002.
		In this regard, the Tribunal identified that there was significant evidence of competitive pricing in some regions due to imports and the emergence of a new manufacturer, and insufficient evidence about competition in other regions to support a conclusion that the SDP had lessened or prevented competition there.
		However, for the same reasons that it rejected the Commissioner’s s.79 allegations, it also found that the Commissioner failed to establish that the exclusive dealing practice impeded entry, was likely to impede entry, or had substantially lessened competition in the relevant markets.
	www.stikeman.com /newslett/CompMar05.htm (1586 words)

	Canadian Competition Policy Page
		Canada's Commissioner of Competition is the head of the Competition Bureau.
		The Commissioner is responsible for the administration and enforcement of the Competition Act and three labelling statutes, the Consumer Packaging and Labelling Act, the Precious Metals Marking Act and the Textile Labelling Act.
		As Commissioner under the Competition Act, she can launch inquiries, intervene as a competition advocate before federal and provincial bodies, challenge civil and merger matters before the Competition Tribunal and make recommendations on criminal matters to the Attorney General of Canada.
	csgb.ubc.ca /ccpp/people.html (654 words)

	HERIEV19-e (Site not responding. Last check: 2007-11-05)
		The statutory responsibility for the administration and enforcement of the Competition Act resides with the Commissioner of Competition.
		The Competition Bureau, which is part of Industry Canada, provides the Commissioner with the resources and expertise necessary to fulfil his statutory mandate.
		The fact is, though, that the Competition Bureau has allowed a certain new element to become part of the industry, that is, the introduction of a dominant player and then the vertical integration of a wholesaler within that.
	www.parl.gc.ca /InfoComDoc/36/2/HERI/Meetings/Evidence/heriev19-e.htm (11163 words)

	EU receives complaints over telecom competition
		Competition Commission spokeswoman Amelia Torres said the allegations made in informal complaints pointed to a "pattern of discrimination" by incumbents across the 15 member states of the European Union.
		In the first quarter of this year an average of 6,000 phone lines a week across the E.U. were unbundled to allow the subscriber a choice of operator, according to new research by the Commission.
		However, the E.U. competition regulator is unlikely to consider the call for a breakup of the incumbent operators, said a person familiar with the Commission's thinking.
	www.itworld.com /Man/2681/020709eutelecom/search.html (694 words)

	Charette v. Canada ( Commissioner of Competition ) (Site not responding. Last check: 2007-11-05)
		Since May of 1999, appellant has submitted numerous and repeated complaints to Commissioner of Competition (Commissioner) and asked inquiry to be held into these complaints under Competition Act (Act), s.
		Charette should be prevented from monopolizing Competition Bureau (Bureau) resources to detriment of public interest in effective operation of Act--Whether Motions Judge erred in concluding Commissioner not required to initiate formal inquiry under s.
		10(1)() precisely same complaints Commissioner has already investigated for numerous hours and found completely unsubstantiated-- Importantly, appellant raised no new evidence to substantiate complaints--Purpose of Act will not be furthered by finding Commissioner must initiate formal inquiry when Commissioner already determined this is unnecessary-- Interpreting s.
	reports.fja.gc.ca /fc/2004/fic/v3/2004fc33558.html (471 words)

	McCarthy Tétrault LLP - Publications - Dominant Firms Can Offer Loyalty Rebates: Commissioner of Competition v. ... (Site not responding. Last check: 2007-11-05)
		The Commissioner of Competition (the "Commissioner") sought an order under sections 79 ("abuse of dominance") and 77 ("exclusive dealing") of the Competition Act, to prohibit Canada Pipe from engaging in anti-competitive acts and exclusive dealing through its Bibby St. Croix division ("Bibby").
		The Commissioner alleged that Canada Pipe brought about a substantial prevention or lessening of competition by abusing its dominant position in the supply and sale of cast iron Drain, Waste and Vent ("DWV") pipe, fittings and mechanical joint ("MJ") coupling in six Canadian regions.
		The Tribunal rejected the Commissioner’s allegation that the SDP resulted in a substantial lessening or prevention of competition, pointing to evidence of significant entry and competitive pricing since the SDP was implemented.
	www.mccarthy.ca /pubs/publication.asp?pub_code=1813 (950 words)

	Competition Act (Site not responding. Last check: 2007-11-05)
		(7) The Commissioner or the authorized representative of the Commissioner may exercise any of the powers set out in paragraph (1)(c) or (d) without a warrant if the conditions set out in paragraphs (1)(a) and (b) exist but by reason of exigent circumstances it would not be practical to obtain the warrant.
		Whenever in the opinion of the Commissioner the public interest so requires, the Commissioner may apply to the Attorney General of Canada to appoint and instruct counsel to assist in an inquiry under section 10, and on such an application the Attorney General of Canada may appoint and instruct counsel accordingly.
		Any technical or special assistant or other person employed under this Act, when so authorized or deputed by the Commissioner, has power and authority to exercise any of the powers and perform any of the duties of the Commissioner under this Act with respect to any particular inquiry, as may be directed by the Commissioner.
	lois.justice.gc.ca /en/C-34/34446.html (4723 words)

	Flash - Commissioner of Competition Ordered to Pay Litigation Costs (Site not responding. Last check: 2007-11-05)
		All of the Commissioner's claims were dismissed by the Tribunal in a unanimous decision issued on February 3, 2005.
		In its decision awarding costs, the Tribunal ruled that "the novel economic issues and the amount of work involved in the preparation and conduct of the case, which was national in scope, warrant an upward adjustment of the costs".
		The Tribunal's order is the first to require the Commissioner to pay litigation costs since legislative amendments were passed in June 2002 empowering the Tribunal to award the costs of proceedings before it in accordance with the rules applicable in the Federal Court of Canada.
	www.dwpv.com /en/16097.aspx (308 words)

	JP Catalogue - Competition Law of Canada
		As well as being updated twice yearly, this service includes as Appendices (on CD ROM) important competition related legislation, regulations, guidelines, treaties, speeches, cases and decisions (many unreported) and advisory opinions-as well as periodic Legal Letters to advise readers of significant developments that impact on Canadian competition law in the interim between releases.
		Bodrug has practiced competition law for over 13 years and has extensive experience in all aspects of competition law, including mergers, price fixing investigations (such as the thermal fax paper inquiry) and other pricing, distribution and advertising matters.
		Barutciski was retained by the Competition Bureau to negotiate bilateral competition policy agreements with the United States and the European Union, as well as to advise on other international competition law issues.
	www.jurispub.com /books.asp?id=77&mode=toc (836 words)

	A Concise Encyclopedia of the European Union --C--
		The task was entrusted to the British Commissioner for the Internal Market, Lord Cockfield, whose White Paper identified some 300 necessary measures and set the end of 1992 as the target date for completing the single market.
		The 1957 Treaty of Rome, which is the foundation stone for EU competition policy, prohibits price-fixing, market-sharing, discriminatory agreements and abuse of dominant position, with the aim of promoting free trade; but it is a sufficient defence to prove public benefit.
		The clearest example of systematic anti-competitive activities is the Common Agricultural Policy, which is exempted by the Treaty from the general ban on restrictive practices, on the grounds that it aims to ensure rural prosperity and stability of food supply.
	www.euro-know.org /dictionary/c.html (11451 words)

	New Page 1
		The position, Canada’s senior competition law enforcement post, has been vacant since the August 14, 2003 appointment of Konrad von Finckenstein to the bench of the Federal Court of Canada.
		Scott has extensive public and private sector credentials, having clerked at the Supreme Court of Canada before serving with the Canadian Radio-television and Telecommunications Commission (during which time the CRTC held, among other things, land-mark hearings on long distance de-regulation) and the Canadian Broadcasting Corporation, and is well-known in Ottawa circles.
		Even as the Commissioner of Competition is being replaced, the process set in motion last June to examine sweeping proposals to overhaul Canada’s Competition Act continues.
	www.stikeman.com /newslett/CompNov03.htm (471 words)

	Francis Marion University - News - FMU WINS PBAC COMMISSIONER'S CUP COMPETITION, AGAIN! (Site not responding. Last check: 2007-11-05)
		The Commissioner’s Cup is awarded annually to the institution finishing with the highest overall point total based on its finish in each of the 11 PBAC sponsored sports.
		Unlike 1998, when FMU captured the Commissioner’s Cup without winning a conference title, this year the Patriots won two PBAC championships outright (women’s basketball and golf) and shared two other titles (men’s tennis and women’s volleyball).
		FMU placed second in the 1997 Commissioner’s Cup competition, third in 1996, second in 1995, eighth in 1994, second in 1993, and eighth in 1992.
	www.fmarion.edu /news/-1999992625/-1999964733/-1999736373.htm (689 words)

	ROGERS COMMUNICATIONS INC - RG Report of Foreign Issuer (6-K) EXHIBIT 99.1
		Notwithstanding the foregoing, all requests and enquiries from the Commissioner of Competition or her authorized representative shall be dealt with by the Corporation in consultation with the Offeror.
		(e) Competition Act Clearance cannot be secured except by divesting or agreeing to divest all of the Securities or all or substantially all of the assets of the Corporation and its Subsidiaries.
		Competition Act Clearance (as defined in section 1.1 of this Agreement) shall have been obtained.
	sec.edgar-online.com /2004/09/22/0000950157-04-000676/section4.asp (7921 words)

	Essentials of Competition Law
		Competition law touches virtually all aspects of commerce in Canada, including relations among competitors, joint ventures, strategic alliances, mergers, pricing and distribution practices and marketing practices.
		The Commissioner of Competition, assisted by the Competition Bureau, continues to vigorously enforce the criminal and civil provisions of the Competition Act.
		Significant changes to the Competition Act have been proposed and are under discussion.
	www.oba.org /includes/eventdetail.aspx?code=05BUS0509C (143 words)

	Scoop: Retirement Commissioner's Schools' Competition
		And those who are winners in all categories of the Competition are to be congratulated on their remarkable achievement." said Ms Foulkes.
		Retirement Commissioner Colin Blair congratulated all competing students for their commitment to the challenge posed by the assignment, and said they had helped to improve understanding of retirement income issues in their school communities.
		Their task was to identify the burning issues and then to develop a long-term retirement income policy for New Zealand which was fair, sustainable, affordable and had their community's support.
	www.scoop.co.nz /stories/ED0009/S00011.htm (1670 words)

	Public Policy Sources #32: Avoiding the Maple Syrup Solution - Notes (Site not responding. Last check: 2007-11-05)
		The Commissioner of Competition (1999) has sought to do this in his report to the Minister of Transport.
		Some 90 percent of passengers travel on a discount fare of some type (Commissioner of Competition, 1999, p.
		Because these markets are so small they are usually served by only one air carrier at present (and at high fares with few discount seats).
	oldfraser.lexi.net /publications/pps/32/section_12.html (1329 words)

	Competition Bureau - International affairs
		Canada's Competition Bureau cooperates with counterparts in other countries to counter anti-competitive practices that cross borders.
		Cooperation Arrangement Between the Commissioner of Competition (Canada), the Australian Competition and Consumer Commission and the New Zealand Commerce Commission Regarding the Application of their Competition and Consumer Law - (PDF: 13.9 KB)
		Cooperation Arrangement Between the Commissioner of Competition (Canada) and Her Majesty's Secretary of State for Trade and Industry and the Office of Fair Trading in the United Kingdom Regarding the Application of their Competition and Consumer Laws - (PDF: 23 KB)
	www.competitionbureau.gc.ca /internet/index.cfm?itemID=115&lg=e (472 words)

	Canadian Corporate News: Agricore United Reaches Agreement With Commissioner Of Competition.@ HighBeam Research (Site not responding. Last check: 2007-11-05)
		Agricore United Reaches Agreement With Commissioner Of Competition.
		Agricore United is pleased to announce that it has reached an agreement with the Commissioner of Competition in relation to the Commissioner's remaining concerns with respect to the merger of Agricore and UGG which was completed on November 1, 2001.
		In order to address certain concerns raised by the Competition Bureau, Agricore United has agreed to divest either the Agricore United or the Pacific Elevators port terminal elevator facility in Vancouver.
	www.highbeam.com /library/doc0.asp?docid=1G1:93472958&refid=ink_tptd_np (186 words)

	ICN -Information Library - Annual Conference Materials - Conference Speeches (Site not responding. Last check: 2007-11-05)
		Konrad von Finckenstein - Commissioner of Competition, Canadian Competition Bureau and Chair, ICN Interim Steering Group
		Heftye Etienne - Commissioner, Mexican Federal Competition Commission
		Mario Monti - Commissioner for Competition, European Commission
	www.internationalcompetitionnetwork.org /conference-speeches.html (479 words)

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