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THE TEST FOR CIVIL LIABILITY


by : Frederick A. Braman
published in the Competition Law Journal
Volume II, No. 4, 1996


From the messy in-fighting in the Quebec structural steel marketplace of the early eighties, a March 1996 decision of the Quebec Court of Appeal examines the test for civil liability for alleged price discrimination and finds that absent malice or very rare circumstances, the test of civil liability will be identical to that of the federal Competition Act. In this article, Fred Braman suggests that the decision appears to ignore other possible standards of commercial conduct and the effect of "legal" discriminatory practices on other market players.

For the full-length version of this article, please contact:


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