Private Rights of Action The CA allows a private party to sue for and recover “an amount equal to the loss or damage proved to have been suffered” as a result of a defendant engaging in conduct contrary to the criminal provisions of the CA or failing to comply with an order made under the CA. In addition, the CA provides private parties with a limited right of access to the Tribunal under the abuse of dominance, refusal to deal, price maintenance, exclusive dealing, tied selling and market restriction provisions. Leave must be obtained from the Tribunal in order to bring such an application and damages are not available as relief.
Acquiring a Business in Canada
The CA also establishes a comprehensive framework for reviewing and controlling mergers and acquisitions in Canada. In addition, transactions may be subject to pre-merger notification requirements and corresponding waiting periods when a transaction exceeds certain financial thresholds and, in the case of share acquisitions, a transaction exceeds an additional voting interest threshold. The CA applies to all mergers in Canada, whereas the Investment Canada Act targets non-Canadians acquiring existing Canadian businesses or establishing new ones (see the Foreign Investment chapter of this guide).
The Competition Act applies to all mergers in Canada, whereas the Investment Canada Act targets non- Canadians acquiring existing Canadian businesses or establishing new ones.
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Doing Business in Canada
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