Competition Act ( R.S.C. , 1985, c. C-34)

means any practice whereby a supplier of a product, as a condition of supplying the product to a customer, requires that customer to supply any product only in a defined market, or exacts a penalty of any kind from the customer if he supplies any product outside a defined market; ( limitation du marché )

• (a) any practice whereby a supplier of a product, as a condition of supplying the product (the “tying” product) to a customer, requires that customer to
  • (i) acquire any other product from the supplier or the supplier’s nominee, or
  • (ii) refrain from using or distributing, in conjunction with the tying product, another product that is not of a brand or manufacture designated by the supplier or the nominee, and
  • (a) impede entry into or expansion of a firm in a market,
  • (b) impede introduction of a product into or expansion of sales of a product in a market, or
  • (c) have any other exclusionary effect in a market,

  with the result that competition is or is likely to be lessened substantially, the Tribunal may make an order directed to all or any of the suppliers against whom an order is sought prohibiting them from continuing to engage in that exclusive dealing or tied selling and containing any other requirement that, in its opinion, is necessary to overcome the effects thereof in the market or to restore or stimulate competition in the market.

  • (a) exclusive dealing or market restriction is or will be engaged in only for a reasonable period of time to facilitate entry of a new supplier of a product into a market or of a new product into a market,
  • (b) tied selling that is engaged in is reasonable having regard to the technological relationship between or among the products to which it applies, or
  • (c) tied selling that is engaged in by a person in the business of lending money is for the purpose of better securing loans made by that person and is reasonably necessary for that purpose,

  No order made under this section applies in respect of exclusive dealing, market restriction or tied selling between or among entities that are affiliated.

  • (a) the business is related to the sale or distribution, in accordance with a marketing plan or system prescribed substantially by the grantor, of a multiplicity of products obtained from competing sources of supply and a multiplicity of suppliers; and
  • (b) no one product dominates the business.
  • R.S., 1985, c. C-34, s. 77
  • R.S., 1985, c. 19 (2nd Supp.), s. 45
  • 1999, c. 2, ss. 23, 37, c. 31, s. 52(F)
  • 2002, c. 16, ss. 11.2, 11.3
  • 2014, c. 20, s. 366(E)
  • 2018, c. 8, s. 113