Tribunal restores Sherbrooke store to Rona
On May 30, the Competition Tribunal ruled that home improvement retailer Rona Inc. can keep a store it had agreed to sell in order to gain Competition Bureau approval of its acquisition of competitor Réno-Dépot in 2003, because of a “change in circumstances”.[1] Rona’s application was under s. 106 of the Competition Act, a provision that hides numerous interpretive difficulties under deceptively simple language. The Tribunal’s decision is the first interpretation of s. 106 as applied to a consent agreement and contains important comments on a number of interpretive difficulties that s. 106 presents. Background Rona has grown from small ... [more] Full article
Dominant firms can have loyalty and rebate programs that encourage exclusivity, Tribunal rules
Bibby, a division of Canada Pipe, dominates the market for cast iron drain, waste and vent pipes. Its rebate program encourages its customers to stock its products exclusively. But Bibby’s rebate program is not anti-competitive, and thus Bibby did not abuse its dominant position, the Competition Tribunal ruled in a decision released in February, 2005. [more] Full article
Civil Anti-Competitive Conduct Contributors
Masiel A. Matus
Masiel has a broad commercial litigation practice and represents both national and international clients in a variety of complex matters. Masiel has experience litigating cases involving professional negligence, commercial leasing and real property disputes, insurance, contract disputes, shareholder disputes, fraud, breach of fiduciary duty, breach of trust, employment matters and defamation claims.
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.
