R. v. Clarke Transport Canada Inc. (1995) 130 D.L.R. (4th) 500 (Ont. Gen. Div.)

A group of five companies provided freight forwarding services through container shipments in the Toronto area. They would take orders from customers, charge on the basis of weight, fill a container with those orders, and transport the goods by rail. All five agreed to control prices. They exchanged information and promised not to undercut each other's prices.

A. Explain how their conduct would be viewed under the Competition Act.

B. What arguments might they raise in their defence?