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] Full article

Regulation - Court decisions arising from private litigation under the common law (in Quebec, the Civil Code), and statutory remedies that supplement the common law, are an essential and often overlooked component of the regulation of businesses in Canada. [more] Full article

On March 22, 2006, the Telecommunications Policy Review Panel issued a report recommending reliance on market forces and competition policy, instead of regulation, in the telecom sector. [more] Full article

Eli Lilly and Co. v. Apotex Inc. On November 2 2005, the Federal Court of Appeal held that where an agreement to assign a patent increases the assignee’s market power ... [more] Full article