Labour Unions and Anti-Combines Policy

Osgoode Hall Law Journal 14 (1976) 113-160

48 Pages Posted: 20 May 2013 Last revised: 23 Jun 2013

See all articles by Constance Backhouse

Constance Backhouse

University of Ottawa - Common Law Section

Date Written: 1976

Abstract

The author discusses conflicting justifications for anti-combines legislation and labour relations legislation, and how these two areas of law interact to impact business competition and labour unions. Part B considers American jurisprudence, which espouses both anti-combines policies and collective bargaining laws. American courts have addressed the application of anti-trust laws to the activities of labour unions, and the accommodation of apparently conflicting policies regarding restraint of trade and labour-management relations. Part C presents an overview of the Canadian approach to anti-combines policy and collective bargaining law, including a history of anti-combines legislation, a discussion of the accommodation of trade unions in the Criminal Code and Combines Investigation Act, and subsequent judicial interpretation of the legislation. In Part D, the author proposes solutions for reconciling anti-combines policies and labour regulation in Canada.

Keywords: Canada, Canadian, law, anti-combines, labor, labour, unions, collective, bargaining, anti-trust, Combines, regulation, history, Criminal Code, competition, monopoly, business, union

Suggested Citation

Backhouse, Constance, Labour Unions and Anti-Combines Policy (1976). Osgoode Hall Law Journal 14 (1976) 113-160, Available at SSRN: https://ssrn.com/abstract=2263422

Constance Backhouse (Contact Author)

University of Ottawa - Common Law Section ( email )

57 Louis Pasteur Street
Ottawa, K1N 6N5
Canada

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