Only third parties experiencing a first hand impact on a right or serious interest relating to competition can challenge consent agreements, the Competition Tribunal ruled in Burns Lake Native Development Corporation v. Commissioner of Competition and West Fraser Timber Co. Ltd. [more] Full article

Only third parties experiencing a first hand impact on a right or serious interest relating to competition can challenge consent agreements, the Competition Tribunal ruled in Burns Lake Native Development Corporation v. Commissioner of Competition and West Fraser Timber Co. Ltd. [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Yadav, Sonny Ingram, and Michael Binetti TOP STORIES Rona keeps Sherbrooke store In May, the Competition Tribunal rescinded a September 2003 consent agreement, allowing home improvement retailer Rona Inc. to keep the Sherbrooke , Quebec store it agreed to sell to gain Bureau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

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