Review of Competition Law – April 2007
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.... [more]
Is free software criminal?
Open source does not violate antitrust laws, court says after quick look
The open source movement has led to the development of many useful applications, including the popular browser Firefox and the operating system Linux. But is it against the law to give software away for free? In a recent case, a US court said that open source software does not violate US antitrust laws. [more]
Passing-on no defence; unlawfully collected taxes must be refunded, Supreme Court rules
Governments must refund money they collect through unconstitutional taxes, and cannot rely on the so-called ""passing-on"" defence to avoid repayment, the Supreme Court ruled in January 2007.The court's rejection of the passing-on defence may have major implications in private litigation, particularly competition (antitrust) cases. [more]
Keays v. Honda
Court of Appeal lessens 'whack' of trial judge's punitive damages award, though impact still felt
In March of 2006, the Ontario Superior Court of Justice awarded Kevin Keays a record $500,000 in punitive damages, in addition to 24 months pay in lieu of notice, after Honda terminated Keays' employment for frequent work absences due to chronic fatigue syndrome. On September 29, 2006, the Ontario Court of Appeal held that the punitive damages awarded by the Superior Court should be dramatically reduced from $500,000 to $100,000. The Court of Appeal otherwise dismissed Honda's appeal of the Superior Court decision and, in doing so, rejected Honda's allegations of bias against the trial judge. [more]
Contracting parties beware: Court of Appeal implies duty of good faith
The Ontario Court of Appeal has recently held that, in certain circumstances, contracting parties owe a duty of good faith to one another and, further, that an "entire agreement" clause will not preclude the implication of a duty of good faith as a term of a contract. [more]
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