Apple’s iPhone smartphone enjoys market power, but terms imposed by Apple on wireless carriers did not harm competition, the Competition Bureau concluded recently. The Bureau analyzed Apple’s terms under the Competition Act’s abuse of dominance provisions. The iPhone’s market position, profitability, and status as a must-carry device for wireless carriers led the Bureau to conclude that it enjoys market power, thus meeting the first requirement of the abuse of dominance provisions. The Bureau thus looked at three types of clauses in Apple’s agreements with wireless carriers: minimum order quantities or other volume commitments most‑favoured nation or any other term that required preferential or ... [more] Full article
The Competition Bureau recently discontinued its investigation against TMX Group. The investigation was based on a complaint made by Aequitas Innovations Inc., alleging that TMX Group engaged in anti-competitive practices by impeding Aequitas’ ability to develop a ... [more] Full article
The Vancouver Airport Authority (VAA), an agency responsible for the operation and management of the Vancouver International Airport, has been accused of abusing its dominant market position, contrary to s. 79 ... [more] Full article
It is the best of times and the worst of times for Google. Its internet search engine has become a meme; its mobile operating system, Android, now powers 80.7% of ... [more] Full article
Michael Binetti*, Managing Partner of Affleck Greene McMurtry LLP, brings a wealth of litigation experience, with extensive expertise in both trials and appeals. Known for his strategic legal acumen, Michael has consistently demonstrated his ability to navigate complex cases and deliver successful outcomes across a wide range of litigation areas. Peers and clients alike praise Michael as an “excellent and creative lawyer” who “finds unique solutions to complex problems” and “knows how to win.” Recognized for his dedication and professionalism, he is described as a “strong advocate who always looks out for the best interests of his clients” and provides “timely, honest, and extremely valuable counsel.” Michael’s reputation for excellence is underscored by his inclusion in ranking services such as Best Lawyers, Lexology, and Lexpert.
David is a determined and committed advocate for his clients. David has extensive courtroom experience, having successfully appeared as lead counsel in trials, hearings, motions, and appeals. David is also a skillful negotiator, having successfully negotiated the resolution of numerous cases. David is ranked as a leading practitioner in competition law by both Lexpert and Who’s Who Legal, and has been recognized by Best Lawyers for his expertise in corporate and commercial litigation, and competition law. David is also rated as AV Preeminent by Martindale-Hubbell (the highest rating possible), with his peers at competitor law firms noting that David is an “excellent lawyer and advocate”, he is “diligent and creative in his approach”, and “is capable of taking charge in the largest commercial and insurance claims”. David has a broad practice in commercial litigation, insurance law, and competition law.
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