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

Tobacco price maintenance case goes up in smoke

Tobacco Price Maintenance Case Goes Up In SmokeA Vancouver convenience store operator’s attempt to force to offer it lower prices was filtered out by the Competition Tribunal.

Safa Enterprises Inc. operates “My Convenience Store”. Its competitor, New Hasty Market, pays less than it for tobacco products under Imperial’s Preferred Pricing Program. New Hasty Market is thus able to sell cigarettes cheaper than My Convenience Store. Imperial has told My Convenience Store that it is not eligible for the Preferred Pricing Program.

Safa therefore brought an application to the Competition Tribunal seeking leave to bring an application against Imperial under the Competition Act’s provisions. Safa claimed that Imperial violated s. 76(1)(a)(ii), which applies where a supplier (here, Imperial) discriminates against a customer (here, Safa) because of the customer’s low pricing policy.

The problem with Safa’s case, as Justice Rennie pointed out in dismissing the application, is that Safa was complaining about Imperial’s low pricing policy, whereas it is Safa’s low pricing policy that would be relevant to an application under the price maintenance provisions.

W. Michael G. Osborne
Affleck Greene McMurtry LLP

W. Michael G. Osborne

Michael Osborne is a former Partner of Affleck Greene McMurtry LLP

Contributor's Archive