THE LITIGATOR – Review of Competition Law – April 2007

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

TOP STORIES

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….

Full article

Symbol Technologies Canada ULC v. Barcode Systems Inc.[1] A corporation that is no longer a going concern cannot maintain a private application under s. 75, the Tribunal held in October 2005. In early 2004, the Tribunal granted Winnipeg bar code equipment seller Barcode Systems Inc.leave to commence a private application to force Symbol Technologies Canada [...]

Full article

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, [...]

Full article

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 [...]

Full article