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Competition Tribunal Cases: A Two Year Review


In the last two years, there have been no abuse of dominance 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 Competition Tribunal were the Nadeau 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 Competition Act 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
    • Polar Ice Express: the abuse case that wasn’t
    • Canada Pipe Company Ltd.
  • Private applications
    • 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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