|
Reported
Whether coordinated JV bids by a majority partner amounted to per se price‑fixing or collusive tendering — appeal dismissed.
Competition Act s 4(1)(b) – horizontal versus vertical relationships; definition and status of joint ventures/partnerships as 'firms'; characterization of per se prohibitions (price‑fixing and collusive tendering) under ANSAC; counterfactual analysis for horizontality; hub‑and‑spoke and intra‑enterprise conspiracy doctrines; role of disclosure, deception and demonstrable harm in distinguishing naked cartels from ancillary coordination in JV bidding contexts.
|