Administrative or Judicial Procedures:

The Commissioner is responsible for enforcing the Act. Matters which the Commissioner pursues proceed through one or more distinct stages. Normally the Commissioner begins with a preliminary examination of a matter to determine whether it raises a question under any of the provisions of the Act. At this stage, the matter may not be pursued if in the Commissioner's opinion further examination is not justified. If a possible issue under the Act is identified, the Commissioner may proceed with an information contact or further examination of the matter. If upon examination, the Commissioner believes on reasonable grounds that there has been a contravention of the criminal or non?criminal reviewable matters provisions of the Act or of an outstanding order, the Commissioner is required to commence an inquiry into all such matters as are considered necessary to determine the facts. The Commissioner is also required to commence an inquiry when directed to do so by the minister or when six Canadian residents make an application under section 9.

Once an inquiry has been commenced, the Commissioner can apply for authorisation from a court to search for and examine records, to conduct oral examinations and to exercise the other investigative powers provided by the Act. The Commissioner may also enter into discussions with the Attorney General of Canada on appropriate consideration that might be extended to companies or individuals who voluntarily provide information or evidence with respect to a criminal matter at an early stage. Such consideration of favourable treatment, particularly any possibility of immunity from prosecution, can only be granted by the Attorney General and in accordance with the general policy of the Attorney General in respect of federal offences. However, the recommendations of the Commissioner, as the official responsible for the overall enforcement of the Act, have historically received careful and serious consideration.

At any stage of an inquiry relating to the criminal provisions of the Act, the Commissioner may refer a matter to the Attorney General for consideration for prosecution or such other action as the Attorney General may wish to take. When a matter is referred to the Attorney General, the Commissioner normally includes a recommendation as to an appropriate disposition of the matter. The Attorney General nevertheless retains complete discretion as to the action to be taken. In the case of reviewable matters, the Commissioner through legal counsel brings forward applications to the competition Tribunal for remedial orders.

Administrative or Judicial Sanctions:

Alternative case resolution instruments (administrative sanctions).

In dealing with possible contraventions to the Act, the Commissioner may file an application with the Competition Tribunal (non?criminal reviewable matters) or refer a case to the Attorney General who may prosecute before the courts (criminal matters). However, the Commissioner may also respond to certain anti?competitive activities through administrative action which applies one of the alternative case resolution instruments available to him. Indeed, it has been the Commissioner's general policy over the last few years to make greater use of alternative case resolution instruments wherever appropriate as some matters may be resolved quickly and easily without a full inquiry or judicial proceedings. As discussed above, this is part of a more compliance?oriented approach adopted by the Commissioner.

Examples of alternative case resolution instruments include:

investigative visits: at any stage of an inquiry the Commissioner may contact a person alleged to be involved in anticompetitive conduct in order to obtain information. If the information obtained indicates that further inquiry is not justified, the Commissioner will discontinue the inquiry.

undertakings: the Commissioner may, in certain circumstances, accept written undertakings which obviate the need to make an application to the Competition Tribunal or refer a matter to the Attorney General.

in respect of mergers, the Commissioner may suggest a restructuring of the transaction (before closing) which would alleviate his competition concerns.

Recourse or Appeal:

In the case of civil reviewable matters which are adjudicated before the Tribunal, Section 13 of the Competition Tribunal Act establishes the circumstances where decisions rendered by the Competition Tribunal may be appealed to the Federal Court. This section states that:

1. Subject to subsection (2), an appeal lies to the Federal Court of Appeal from any decision or order, whether final, interlocutory or interim, of the Tribunal as if it were a judgment of the Federal Court?Trial Division;

2. An appeal on a question of fact lies under subsection (1) only with the leave of the Federal Court of Appeal.

The regime setting out circumstances where a decision rendered in the context of a criminal matter may be appealed derives from Canadian criminal law principles. The Canadian Criminal Code gives the right to appeal a conviction for an indictable offense, provided certain conditions are met. The appeal must be taken to the Court of Appeal in the Province in which the conviction was registered. Under specific circumstances, the decision rendered by this Court of Appeal may be further appealed to the Supreme Court of Canada.