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abuse of dominant position

Essentials of Reviewable Matters

May 9th, 2005 | By Michael Osborne | Posted in Competition Law

Introduction The so-called “reviewable matters”[1] are a collection of provisions in the Competition Act[2] (the “Act”) that allow the Competition Tribunal (the “Tribunal”) to order remedies for various situations that can harm competition. Although these provisions are quite disparate, they share some important characteristics. First, they are all civil in nature. This means that civil, [...]

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COMPETITION LAW UPDATE – March 2005

March 11th, 2005 | By Michael Osborne | Posted in Competition Law, Year in Review / The Litigator (Print Edition)

by Michael Osborne, Jennifer Cantwell, Paul Emerson, and Angela Yadav TOP STORIES Tread carefully when advertising “sale” prices: In January 2005, the Tribunal ruled that Sears Canada Inc. exaggerated savings in ads for tires. The “regular” prices advertised by Sears were not genuine and bona fide because Sears sold less than 2% of the tires [...]

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Dominant firms can have loyalty and rebate programs that encourage exclusivity, Tribunal rules

March 3rd, 2005 | By Michael Osborne | Posted in Civil Anti-Competitive Conduct, Competition Law

Bibby, a division of Canada Pipe, dominates the market for cast iron drain, waste and vent pipes. Its rebate program encourages its customers to stock its products exclusively. But Bibby’s rebate program is not anti-competitive, and thus Bibby did not abuse its dominant position, the Competition Tribunal ruled in a decision released in February, 2005.

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