It is not per se illegal for a lawful, economically integrated joint venture to set prices at which the joint venture sells products, the US Supreme Court held in a February 28, 2006 , decision. [more] Full article

Contributors: Michael Osborne , Jennifer Cantwell, Paul Emerson, Angela Yadav, Sonny Ingram, and Michael Binetti TOP STORIES Rona keeps Sherbrooke store In May, the Competition Tribunal rescinded a September 2003 consent agreement, allowing home improvement retailer Rona Inc. to keep the Sherbrooke , Quebec store it agreed to sell to gain Bureau approval of its acquisition of Réno-Dépot. The Tribunal found that Home Depot’s imminent arrival was a change in the circumstances that led to the consent agreement, and that the agreement would not have been made in the present circumstances. The Tribunal rejected the Commissioner’s arguments that it should refuse to rescind the agreement as a matter of discretion. The Tribunal’s decision is the first time that the Competition Act’s variation / rescission provision (s. 106) has been applied to a consent agreement. Because consent agreements are negotiated and made by the parties, not the Tribunal, the Tribunal must look to the intentions of the parties. The Tribunal also emphasized that the Commissioner must be responsive to changing circumstances. [more] Full article

A discharged employee cannot recover damages for loss of disability benefits in addition to damages for wrongful dismissal, the Ontario Court of Appeal held in a decision issued on January 10, 2006. Awarding such damages would constitute double recovery, the court said. [more] Full article

CONTRIBUTING AUTHORS: MICHAEL OSBORNE, HARRY MCMURTRY, KENNETH DEKKER DOES WORLD WIDE WEB MEAN WORLDWIDE LIABILITY FOR CYBER LIBEL? The internet’s nature as a medium that is at once everywhere and ... [more] Full article

In a series of recent decisions, courts in Canada and the Commonwealth have adapted the traditional rules for defamation and jurisdiction to defamation on the internet, and will take jurisdiction if the defamatory materials were downloaded to any significant extent within the jurisdiction, provided that the plaintiff has a sufficient connection with the jurisdiction. As a result, foreign publications with online readers in Canada can be liable in Canada for defaming someone in Canada. [more] Full article