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Competition Law Update – 2005 Year in Review

Contributors: Michael Osborne , Jennifer Cantwell, Paul Emerson, Angela Yadav, Sonny Ingram, and Michael Binetti TOP STORIES Rona keeps Sherbrooke store In May, the Competition Tribunal rescinded a September 2003 consent agreement, allowing home improvement retailer Rona Inc. to keep the Sherbrooke , Quebec store it agreed to sell to gain Bureau approval of its acquisition of Réno-Dépot. The Tribunal found that Home Depot’s imminent arrival was a change in the circumstances that led to the consent agreement, and that the agreement would not have been made in the present circumstances. The Tribunal rejected the Commissioner’s arguments that it should refuse to rescind the agreement as a matter of discretion. The Tribunal’s decision is the first time that the Competition Act’s variation / rescission provision (s. 106) has been applied to a consent agreement. Because consent agreements are negotiated and made by the parties, not the Tribunal, the Tribunal must look to the intentions of the parties. The Tribunal also emphasized that the Commissioner must be responsive to changing circumstances. Full article

Shell corporation cannot bring application, Tribunal rule

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 [...] Full article

COMPETITION LAW UPDATE – March 2005

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 [...] Full article

Competition Law Update 2003

The Year in Review 2003

TOP STORIES Competition Bureau proposes new “per se” conspiracy provision: Agreements between competitors for the purpose of or that have the effect of fixing prices, allocating customers or markets, or [...] Full article


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