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

Symbol Technologies Canada ULC v. Barcode Systems Inc.[1] A corporation that is no longer a going concern cannot maintain a private application under s. 75, the Tribunal held in October ... [more] Full article

Introduction The so-called “reviewable matters”[1] are a collection of provisions in the Competition Act[2] (the “Act”) that allow the Competition Tribunal (the “Tribunal”) to order remedies for various situations that ... [more] Full article

by Michael Osborne, Jennifer Cantwell, Paul Emerson, and Angela Yadav TOP STORIES Tread carefully when advertising “sale” prices: In January 2005, the Tribunal ruled that Sears Canada Inc. exaggerated savings ... [more] Full article