The Litigator

THE LITIGATOR

Commentary on Law Affecting Business

The Litigator
AGM :: Affleck Greene McMurtry LLP

THE LITIGATOR

Affleck Greene McMurtry LLP
365 Bay Street, Suite 200  ·  Toronto, Canada
416 360 2800  ·  info@agmlawyers.com  ·  www.thelitigator.ca

Competition Tribunal Cases: A Two Year Review

INTRODUCTION

In the last two years, there have been no cases and one contested merger case, which was dropped. The only cases to receive an oral hearing before a full panel of three members of the were the private application under section 75 (refusal to deal) and part of the Saskatchewan Wheat Pool case.2 Apart from this, the Tribunal’s work has consisted of dismissing unmeritorious applications for leave to commence a private application and dealing with sundry persons accused of deceptive marketing practices.

Recently, however, amendments to the transfer jurisdiction over some anti-competitive agreements and price maintenance to the Tribunal. This may increase its caseload.

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.

Table of Contents

  • Introduction
  • Abuse of Dominance
    • The meritorious: a chicken in every pot?
    • The unmeritorious
    • The just plain silly
  • Mergers
    • Labatt staves off interim order
  • Rescission or Variation of an Order
  • Marketing practices
    • In private is not “to the public”
    • Chim chiminey, chim chim cher-ee!
  • The Future of the Tribunal
    • Amendments to the Competition Act
    • Changes to Administrative Review: Dunsmuir v. New Brunswick
  • Conclusion

Read the entire article (PDF) and footnote references.

W. Michael G. Osborne
Affleck Greene McMurtry LLP

W. Michael G. Osborne

Michael Osborne is a former Partner of Affleck Greene McMurtry LLP

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