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

Citing the Internet's unique potential to cause harm anywhere and everywhere, Madam Justice Lax of Ontario's Superior Court of Justice enforced a New York District Court judgment earlier this month against the operators of Ontario-based websites that facilitated the illegal copying and downloading of movies. [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

On June 14, the Federal Court of Appeal reversed a decision of the Federal Court that struck out a claim by Apotex Inc. that an assignment of a patent by ... [more] Full article