Canada:
The Redemption Of S. 76: Finding Meaning For Resale Price Maintenance In The Service Context After Visa-Mastercard
04 November 2016
Davies Ward Phillips & Vineberg
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This Article argues that the result in The Commissioner of
Competition v. Visa Canada Corporation and MasterCard International
Incorporated revealed a gap in the Competition Act's price
maintenance provision with respect to the meaning of a service and
that of the resale of a service. It summarizes the history of price
maintenance in Canada, reviews the economic logic that motivates
Canadian competition policy towards resale price maintenance in the
goods context, develops a working interpretation for services and
the resale of services, and demonstrates that that interpretation
is compatible with the policy concerns behind section 76.
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