Canadian Court Raises Bar For Section 11 Orders

Law360, New York (May 5, 2008, 12:00 AM EDT) -- The Federal Court of Canada issued a pair of unprecedented competition law rulings earlier this year. On Jan. 28, 2008, Justice Anne Mactavish of the Court quashed certain production orders she had previously issued against Labatt Brewing Company Limited and others. This was done in the context of the Commissioner of Competition’s inquiry into the Labatt/Lakeport merger.

Her ruling was based on the disclosure made to the Court by the Commissioner in seeking the orders by way of ex parte application, which she qualified as “misleading,...
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