Priceless: Competition case against Visa and MasterCard dismissed
The Competition Tribunal recently held that Visa and MasterCard’s rules do not constitute resale price maintenance, because their product, credit card network services, is not resold by their customers (known as “acquirers”). The Competition Act’s resale price maintenance applies where a supplier of a product influences upward the resale price of a product. For this provision to apply, the product must be resold by the supplier’s customer. As a result of this finding, the Tribunal dismissed the Commissioner of Competition’s challenge to certain “Merchant Rules” imposed by Visa and MasterCard. The Players Credit card payment networks involve five main players: The ... [more] Full article
Real Estate Wars: Canada’s Competition Tribunal Rejects Attack on Toronto Real Estate Board’s MLS
In a much-anticipated decision, the Competition Tribunal rejected the Competition Commissioner’s application to force The Toronto Real Estate Board (TREB) to relax its rules surrounding how Multiple Listing Service (MLS) ... [more] Full article
Competition Law Review 2013
Review of major Canadian Competition Law developments over the past year, including: Top Stories, Criminal, Class Actions & Private Actions, Mergers, Reviewable Matters, Marketing Practices, Related Developments, The Long Arm of US Antitrust, Across the Pond [more] Full article
Reliance loses bid to end abuse of dominance case
A recent Competition Tribunal decision was cold comfort for hot water heater supplier Reliance Comfort Limited Partnership. The Tribunal dismissed Reliance’s attack on the Commissioner of Competition’s pleadings. The Tribunal ... [more] Full article
Competition Tribunal Litigation Contributors
Michael Binetti
Michael Binetti, a partner of the firm, brings a proven litigation background plus extensive experience in arguing both trials and appeals. He has demonstrated his strategic legal capability and expertise in wide-ranging areas of litigation. Michael’s peers and clients have commented that Michael is an “excellent and creative lawyer,” “finds unique solutions to complex problems,” and that “Michael gets it and knows how to win.”
Masiel A. Matus
Masiel has a broad commercial litigation practice and represents both national and international clients in a variety of complex matters. Masiel has experience litigating cases involving professional negligence, commercial leasing and real property disputes, insurance, contract disputes, shareholder disputes, fraud, breach of fiduciary duty, breach of trust, employment matters and defamation claims.
David N. Vaillancourt
David's practice expertise focuses on all matters of Commercial and Civil Litigation, Competition and Administrative Law. David has acted for clients in a wide range of disputes, including shareholder and partnership disputes, securities litigation, class action defence, proceedings under the Competition Act, employment law disputes, contract disputes, breach of confidence/intellectual property disputes, fidelity bond claims, and professional negligence claims. David has appeared before all levels of court in Ontario, including the Court of Appeal for Ontario, and has also appeared before the Competition Tribunal and the Federal Court of Appeal. David has appeared as lead counsel in numerous trials, hearings, and motions. David has been successful in numerous adversarial proceedings, and also has successfully negotiated the resolution of dozens of cases.
