The Canadian Supreme Court denies leave to appeal from a decision that substantially revised the applicable test in abuse of dominance cases (Canada Pipe)

Rebate Program Case To Be Reconsidered By Competition Tribunal Revised Abuse Of Dominance Test Stands As Supreme Court Refuses Leave To Appeal To Canada Pipe* On May 10, 2007, the Supreme Court of Canada denied leave to appeal to Canada Pipe Company Ltd. to appeal from a decision of the Federal Court of Appeal that substantially revised the test to be applied in cases of abuse of dominance. In this decision, the Federal Court of Appeal allowed the Commissioner of Competition’s appeal from the Competition Tribunal’s 2005 finding that Canada Pipe Company’s rebate program was not anti-competitive, on the basis that the Tribunal applied the wrong test. [1] The case will now go back to the Tribunal for re-determination based on test articulated by the Federal Court of Appeal. Key aspects of

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W. Michael G. Osborne, The Canadian Supreme Court denies leave to appeal from a decision that substantially revised the applicable test in abuse of dominance cases (Canada Pipe), 10 May 2007, e-Competitions May 2007, Art. N° 100217

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