Michael Osborne’s original article Competition Act remedies not for the faint of heart was published in the October issue of the Canadian Bar Association’s magazine, The National.
“The Competition Act permits private parties to apply for leave to commence a private application under the Act’s refusal to deal, exclusive dealing, tied selling, and price maintenance provisions. But these law suits are not for the faint of heart. The Competition Tribunal has a gatekeeper role that it takes very seriously, subjecting evidence at the leave stage to intense scrutiny. Of the few cases where the Tribunal has granted leave, only two have proceeded to a full hearing. Both of those private applications were ultimately dismissed.
A recent decision from the Tribunal highlights the uphill battle faced by would-be private applicants.”
Read the full article on the CBA National website.