NCJ Number
66049
Date Published
1979
Length
36 pages
Annotation
THE NATURE AND SCOPE OF CORPORATE CRIME IN CANADA ARE EXAMINED; THE WORK OF THE COMBINES ENFORCEMENT AGENCY IS ASSESSED.
Abstract
FROM 1950 TO 1972, 158 DECISIONS WERE MADE AGAINST 50 OF THE LARGEST CANADIAN CORPORATIONS. THREE-FIFTHS OF THE DECISIONS HAVE BEEN MADE AGAINST COMBINATIONS; 15 PERCENT, AGAINST MISLEADING PRICE ADVERTISING; AND ALMOST 13 PERCENT, AGAINST MERGERS. BOTH THE TOTAL NUMBER AND THE PERCENTAGE OF DECISIONS CONCERNED WITH LARGE CORPORATIONS HAVE STEADILY DECREASED OVER THIS PERIOD, ALTHOUGH THE TOTAL NUMBER OF DECISIONS AGAINST ALL CORPORATIONS INCREASED. SINCE 1923, WHEN MERGERS AS SUCH BECAME VIOLATIONS UNDER THE NEW COMBINES LEGISLATION, ONLY .003 PERCENT OF THE MERGERS HAVE BEEN CHARGED AS VIOLATIONS OF THE COMBINES LAWS. HOWEVER, A GREAT NUMBER OF MERGERS HAS TAKEN PLACE; THE RESULT HAS BEEN THE CREATION OF GREATLY CONCENTRATED INDUSTRIAL SECTORS. MOREOVER, THE EXPENDITURES AND STAFFING OF THE COMBINES BRANCH HAVE NOT GROWN AS FAST AS HAVE THE ECONOMY AND OTHER PARTS OF THE GOVERNMENT. THE FEDERAL GOVERNMENT HAS PROTECTED THE GROWTH OF THE LARGEST CANADIAN CORPORATION, WHILE FOCUSING ITS EFFORTS ON SMALL AND MEDIUM-SIZED COMPANIES. DIFFICULTY IN OBTAINING EVIDENCE HAMPERS PROSECUTION, AND PENALTIES ARE AN INSUFFICIENT DETERRENT. MUCH NEEDS TO BE DONE IF CORPORATIONS ARE NOT TO BE REGARDED AS ABOVE THE LAW. THE EVIDENCE INDICATES COLLUSION BETWEEN GOVERNMENT AND INDUSTRY TO CONTROL THE COUNTRY'S ECONOMIC LIFE. TABLES, NOTES, AND A REFERENCE LIST ARE INCLUDED. (CFW)