The Canadian Competition Tribunal refuses to grant damages to company deliberately and flagrantly breaching interim order in a refusal to deal case in the chicken industry (Nadeau / Wetsco)

Osborne, W. Michael G.

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18 May 2012

The Canadian Competition Tribunal refuses to grant damages to company deliberately and flagrantly breaching interim order in a refusal to deal case in the chicken industry (Nadeau / Wetsco)

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Reference

Canadian Competition Tribunal, Reasons and order Nadeau Ferme Avicole Limitée/Nadeau Poultry Farm Limited v. Groupe Westco Inc. et al., 18 May 2012

Injunction chickens come home to roost* The Competition Tribunal has the power to order an inquiry into damages arising from an interim order granted by the Tribunal, but can refuse to order damages where special circumstances exist. Deliberate and flagrant breach of the interim order will constitute such special circumstances. In the latest instalment in the Nadeau chicken saga, the Competition Tribunal held that Westco was not entitled to damages arising from an interim order because it

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Author

W. Michael G. Osborne
Conzen O’Connor (Toronto)

23 contributions 5008 visits

Quotation

W. Michael G. Osborne, The Canadian Competition Tribunal refuses to grant damages to company deliberately and flagrantly breaching interim order in a refusal to deal case in the chicken industry (Nadeau / Wetsco), 18 May 2012, e-Competitions May 2012, Art. N° 47323

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