The Economic Consequences and Constitutionality of Administrative Monetary Penalties for Abuse of Dominance
Bibliographic record
Abstract
The 2009 amendments to the Competition Act introduced administrative monetary penalties (AMPs) for a finding of abuse of dominant position of up to $10 million for the first order, and a $15 million for each subsequent order. The quantum of such an AMP is to be determined according to a list of or mitigating factors,” including gross revenue and profits affected by the practice, the party's financial position, the history of compliance with the Act and any other relevant factor. The author argues that this provision is both inefficient and potentially unconstitutional (following from the Supreme Court of Canada's holding in Wigglesworth), because, 1) the Act does not explicitly constrain the AMP quantum to a level that internalizes the economic impacts of the anti-competitive conduct; and, 2) some of the aggravating factors lack a coherent connection to the economic impact of anti-competitive conduct. The author concludes that the Commissioner should clarify the circumstances under which AMPs for abuse of dominance will be sought. AMPs should be calibrated to market impacts based on evidence of estimated deadweight loss and economic profits, in order to ensure that AMPs remain purely deterrent and do not reach a denunciatory magnitude. First published in the Canadian Competition Law Review, Volume 26(1); reproduced with permission of the Canadian Bar Association.
Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.
How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.024 | 0.071 |
| Meta-epidemiology (narrow) | 0.000 | 0.001 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.002 | 0.002 |
| Science and technology studies | 0.010 | 0.026 |
| Scholarly communication | 0.014 | 0.004 |
| Open science | 0.003 | 0.004 |
| Research integrity | 0.009 | 0.011 |
| Insufficient payload (model declined to judge) | 0.004 | 0.001 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".