Federal Court Of Appeal Orders Re-Determination In Canada Pipe Abuse Of Dominance Case.

Mondaq Business BriefingNbr. 2006, January 2006

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Federal Court Of Appeal Orders Re-Determination In Canada Pipe Abuse Of Dominance Case.

On June 23, 2006, the Federal Court of Appeal (the FCA or the Court) issued its decisions and reasons in the appeal by the Commissioner of Competition (the Commissioner) and the cross-appeal by Canada Pipe Company Ltd. (Canada Pipe) from an earlier ruling by the Competition Tribunal (the Tribunal). At issue was the Tribunal's dismissal, in February 2005, of the Commissioner's abuse of dominance and exclusive dealing case against Canada Pipe.1 This appeal represents the first time the FCA has been asked to consider the application of the abuse of dominance (section 79) and exclusive dealing (section 77) provisions under Canada's Competition Act (the...

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