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
Closure: Abbott agrees to divestitures to acquire St. Jude
Abbott Laboratories, a US-based multinational medical device manufacturer, completed its acquisition of competitor St. Jude Medical after receiving clearance from competition authorities in Canada, the US, and the EU in ... [more] Full article
Bureau Zips-Up Parka Labeling Issue
Moose Knuckles has agreed to clarify that some of its parkas are made with both Canadian and imported components, in accordance with the Bureau’s “Product of Canada” and “Made in Canada” ... [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
Developments 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.”
Kenneth A. Dekker
Kenneth Dekker, a partner of the firm, is a successful trial and appellate lawyer who is valued by his clients as a resourceful and practical litigation counsel. Over more than two decades, Ken has litigated noteworthy cases in a range of fields that include class action defence, securities and broker-dealer litigation and regulatory defence, corporate and shareholder disputes (including oppression and winding up cases), defamation, civil fraud litigation, disputes over contracts, injunctions, professional liability litigation, employment litigation and cross-border litigation issues. Ken has appeared before all levels of courts in Ontario, including the Ontario Court of Justice, the Superior Court of Justice, the Divisional Court and the Court of Appeal for Ontario, as well as before the Supreme Court of Canada. Ken also represents and advises clients in regulatory matters before the Investment Industry Organization of Canada (IIROC), the Mutual Fund Dealers Association of Canada (MFDA) and the Ontario Securities Commission (OSC). Ken has been ranked as Repeatedly Recommended for Securities Litigation by Lexpert, for Corporate and Commercial Litigation by Best Lawyers of Canada, and he has been given the highest available rating of AV, or pre-eminent, by his peers on Martindale-Hubbell.
Meredith Hayward
Meredith has earned an impressive reputation for her skill and abilities in Commercial Litigation and Administrative Law, appearing at all levels of court in Ontario, before the British Columbia Court of Appeal, and before the Supreme Court of Canada.
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.
