Canada Court Casts Aside Ruling On Market Dominance

Law360, New York (July 5, 2006, 12:00 AM EDT) -- Canada’s Federal Court of Appeal has reversed a tribunal’s judgment in a case dealing with anticompetitive concerns over a company’s loyalty rebate program.

This is the first-ever appellate decision in Canada to interpret the scope of the abuse of the dominance provision.

The Court of Appeal in June sent the case back to the Competition Tribunal that initially ruled that Canada Pipe Company Ltd., an iron water pipe supplier, did not abuse its dominant position in the market through its loyalty rebate program.

However, some attorneys...
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