iPhone competition investigation closed
Apple’s iPhone smartphone enjoys market power, but terms imposed by Apple on wireless carriers did not harm competition, the Competition Bureau concluded recently. The Bureau analyzed Apple’s terms under the Competition Act’s abuse of dominance provisions. The iPhone’s market position, profitability, and status as a must-carry device for wireless carriers led the Bureau to conclude that it enjoys market power, thus meeting the first requirement of the abuse of dominance provisions. The Bureau thus looked at three types of clauses in Apple’s agreements with wireless carriers: minimum order quantities or other volume commitments most‑favoured nation or any other term that required preferential or ... [more] Full article
Abuse of Dominance Investigation Discontinued Against TMX
The Competition Bureau recently discontinued its investigation against TMX Group. The investigation was based on a complaint made by Aequitas Innovations Inc., alleging that TMX Group engaged in anti-competitive practices by impeding Aequitas’ ability to develop a ... [more] Full article
Turbulence Ahead: Vancouver Airport Authority Accused of Abuse of Dominance
The Vancouver Airport Authority (VAA), an agency responsible for the operation and management of the Vancouver International Airport, has been accused of abusing its dominant market position, contrary to s. 79 ... [more] Full article
Google: a Tale of Two Continents
It is the best of times and the worst of times for Google. Its internet search engine has become a meme; its mobile operating system, Android, now powers 80.7% of ... [more] Full article
Abuse of Dominance Contributors
Michael Binetti
Michael Binetti, a partner of the firm, brings a proven litigation background plus extensive experience in arguing both trials and appeals. He has demonstrated his strategic legal capability and expertise in wide-ranging areas of litigation. Michael’s peers and clients have commented that Michael is an “excellent and creative lawyer,” “finds unique solutions to complex problems,” and that “Michael gets it and knows how to win.”
David N. Vaillancourt
David's practice expertise focuses on all matters of Commercial and Civil Litigation, Competition and Administrative Law. David has acted for clients in a wide range of disputes, including shareholder and partnership disputes, securities litigation, class action defence, proceedings under the Competition Act, employment law disputes, contract disputes, breach of confidence/intellectual property disputes, fidelity bond claims, and professional negligence claims. David has appeared before all levels of court in Ontario, including the Court of Appeal for Ontario, and has also appeared before the Competition Tribunal and the Federal Court of Appeal. David has appeared as lead counsel in numerous trials, hearings, and motions. David has been successful in numerous adversarial proceedings, and also has successfully negotiated the resolution of dozens of cases.
