The Federal Court has recently ruled that the discoverability rule does not apply to extend the limitation period applicable to private actions launched to recover damages caused by breaches of the Competition Act.

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In the last two years, there have been no abuse of dominance cases and one contested merger case, which was dropped. Recently, however, amendments to the Competition Act transfer jurisdiction over some anti-competitive agreements and price maintenance to the Tribunal.

This article reviews the cases in the Tribunal over the last two years and the recent amendments to the Competition Act, as they affect practice in the Tribunal.

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Contributors: Michael Osborne , Jennifer Cantwell, Sandra Monardo, Michelle Booth, Sonny Ingram, Hooman Zardarzadeh

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Ice storm
Ice supplier Arctic Glacier Inc. tried to crush its fledgling competitor, Polar Ice Express Inc. by unlawfully interfering with its economic relations, an Alberta court found…

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Sears lost its bid to force suppliers of Dior and Givenchy cosmetics to keep supplying it when the Competition Tribunal denied it leave to bring an application under the Competition Act’s refusal to deal provisions in March 2007.

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THE LITIGATOR – Review of Competition Law – April 2007

Contributors: Michael Osborne , Jennifer Cantwell, Kyle Peterson , Sonny Ingram, Michael Binetti, and Adam Wygodny

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Appeal court revises test for abuse of dominant position
In identifying anti-competitive acts, one must ask whether the conduct had an intended predatory, exclusionary or disciplinary effect on a competitor, not on competition, the Federal Court of Appeal held in overturning the Tribunal’s 2005 finding that Canada Pipe’s rebate program was not anti-competitive….

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