Competition Act — C-34 90.1
ment 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 into the market, including (i) tariff and non-tariff barriers to international trade, (ii) interprovincial barriers to trade, and (iii) regulatory control over entry; (d) any effect of the agreement or arrangement on the barriers referred to in paragraph (c); (e) the extent to which effective competition remains or would remain in the market; (f) any removal of a vigorous and effective competitor that resulted from the agreement or arrangement, or any likelihood that the agreement or arrangement will or would result in the removal of such a competitor; (g) the nature and extent of change and innovation in any relevant market; (g.1) network effects within the market; (g.2) whether the agreement or arrangement would contribute to the entrenchment of the market position of leading incumbents; (g.3) any effect of the agreement or arrangement on price or non-price competition, including quality, choice or consumer privacy; and (h) any other factor that is relevant to competition in the market that is or would be affected by the agreement or arrangement. Evidence (3) For the purpose of subsections (1) and (2), the Tribunal shall not make the finding solely on the basis of evidence of concentration or market share. (4) [Repealed, 2023, c. 31, s. 8] (5) [Repealed, 2023, c. 31, s. 8] (6) [Repealed, 2023, c. 31, s. 8] Exception (7) Subsection (1) does not apply if the agreement or arrangement is entered into, or would be entered into, only by parties each of which is, in respect of every one of the others, an affiliate. Exception (8) Subsection (1) does not apply if the agreement or arrangement relates only to the export of products from Canada, unless the agreement or arrangement (a) has resulted in or is likely to result in a reduction or limitation of the real value of exports of a product; (b) has restricted or is likely to restrict any person from entering into or expanding the business of exporting products from Canada; or (c) has prevented or lessened or is likely to prevent or lessen competition substantially in the supply of services that facilitate the export of products from Canada. Exception (9) The Tribunal shall not make an order under subsection (1) in respect of (a) an agreement or arrangement between federal financial institutions, as defined in subsection 49(3), in respect of which the Minister of Finance has certified to the Commissioner (i) the names of the parties to the agreement or arrangement, and (ii) the Minister of Finance’s request for or approval of the agreement or arrangement for the purposes of financial policy; (b) an agreement or arrangement that constitutes a merger or proposed merger under the Bank Act , the Cooperative Credit Associations Act , the Insurance Companies Act or the Trust and Loan Companies Act in respect of which the Minister of Finance has certified to the Commissioner (i) the names of the parties to the agreement or arrangement, and (ii) the Minister of Finance’s opinion that the merger is in the public interest, or that it would be in the public interest, taking into account any terms and conditions that may be imposed under those Acts; (c) an agreement or arrangement that constitutes a merger or proposed merger approved under subsection 53.2(7) of the Canada Transportation Act in respect of which the Minister of Transport has certified to the Commissioner the names of the parties to the agreement or arrangement; or (d) an agreement or arrangement that constitutes an existing or proposed arrangement , as defined in section 53.7 of the Canada Transportation Act , that has been authorized by the Minister of Transport under subsection 53.73(8) of that Act and for which the authorization has not been revoked. Limitation period (9.1) No application may be made under this section in respect of a