Competition Act — C-34 90.1
Order 90.1 (1) If, on application by the Commissioner or a person granted leave under section 103.1, the Tribunal finds that an agreement or arrangement or a proposed agreement or arrangement between persons of whom two or more are competitors prevents or lessens, has prevented or lessened or is likely to prevent or lessen competition substantially in a market, the Tribunal may make an order (a) prohibiting any person — whether or not a party to the agreement or arrangement — from doing anything under the agreement or arrangement; or (b) requiring any person — whether or not a party to the agreement or arrangement — with the consent of that person and the Commissioner, to take any other action. Exception — non competitors (1.01) If the Tribunal finds that a significant purpose of the agreement or arrangement, or any part of it, is to prevent or lessen competition in any market, it may make an order under subsection (1) even if none of the persons referred to in that subsection are competitors. Additional or alternative order (1.1) If, on an application under subsection (1), the Tribunal finds that an agreement or arrangement has had or is having the effect of preventing or lessening competition substantially in a market and that an order under subsection (1) is not likely to restore competition in that market, the Tribunal may, in addition to or in lieu of making an order under subsection (1), make an order directing any or all the persons against whom an order is sought to take actions, including the divestiture of assets or shares, that are reasonable and as are necessary to overcome the effects of the agreement or arrangement in that market. Limitation (1.2) In making an order under subsection (1.1), the Tribunal shall make the order in such terms as will in its opinion interfere with the rights of any person to whom the order is directed or any other person affected by it only to the extent necessary to achieve the purpose of the order. Administrative monetary penalty (1.3) If the Tribunal makes an order against a person under subsection (1) or (1.1), it may also order them to pay, in any manner that the Tribunal specifies, an administrative monetary penalty in an amount not exceeding the greater of (a) $10,000,000 and, for each subsequent order under either of those subsections, an amount not exceeding $15,000,000, and (b) three times the value of the benefit derived from the agreement or arrangement, or, if that amount cannot be reasonably determined, 3% of the person’s annual worldwide gross revenues. Aggravating or mitigating factors (1.4) In determining the amount of an administrative monetary penalty, the Tribunal shall take into account any evidence of the following: (a) the effect on competition in the relevant market; (b) the gross revenue from sales affected by the agreement or arrangement; (c) any actual or anticipated profits affected by the agreement or arrangement; (d) the financial position of the person against whom the order is made; (d.1) any amount that the person against whom the order is made is required to pay under an order made under subsection (10.1); (e) the history of compliance with this Act by the person against whom the order is made; and (f) any other relevant factor. Purpose of order (1.5) The purpose of an order made against a person under subsection (1.3) is to promote practices by that person that are in conformity with the purposes of this section and not to punish that person. Factors to be considered (2) In deciding whether to make the finding referred to in subsection (1), the Tribunal may have regard to the following factors: (a) the extent to which foreign products or foreign competitors provide or are likely to provide effective competition to the businesses of the parties to the agreement or arrangement; (b) the extent to which acceptable substitutes for products supplied by the parties to the agreement or arrangement are or are likely to be available; (c) any barriers to entry in