Rebate program case to be reconsidered by Competition Tribunal
Revised abuse of dominance test stands as Supreme Court refuses leave to appeal to Canada Pipe
On May 10, 2007, the Supreme Court of Canada denied leave to appeal to Canada Pipe Company Ltd. to appeal from a decision of the Federal Court of Appeal that substantially revised the test to be applied in cases of abuse of dominance. [more]
Ex-employees enjoined from accepting business from former employer’s customers
Western Tank & Lining Ltd. recently obtained an extraordinarily broad interlocutory injunction restraining a group of former employees not only from soliciting Western Tank's clients but even from accepting business from customers that Western Tank did business with over the previous 5 years. [more]
Cosmetic changes at Sears
Sears lost its bid to force suppliers of Dior and Givenchy cosmetics to keep supplying it when the Competition Tribunal denied it leave to bring an application under the Competition Act’s refusal to deal provisions in March 2007. [more]
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]
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