August 29, 2008
 
Abuse of Dominance
 
 
Our group has extensive experience in advising clients on the Competition Act's abuse of dominance provisions.  "Abuse of dominance" occurs when a party that "controls a class or species of business" engages in a practice of "anti-competitive acts" with the effect of "substantially preventing or lessening competition".

We provide clients with advice along the full range of possible scenarios, from counselling clients on how to avoid contravening the abuse of dominance provisions, to dealing with Competition Bureau investigations, to litigating proceedings brought by the Bureau.  We also have assisted clients in bringing complaints to the Competition Bureau about the anti-competitive practices of other parties and in persuading the Bureau to take remedial steps, including initiating proceedings before the Competition Tribunal or intervening in other regulatory proceedings.  Members of our Group have also acted as special counsel for the Bureau in abuse of dominance proceedings.

Some of the matters that we have been involved in include:

  • Represented Canada Pipe in the Competition Bureau's investigation of certain of its distribution practices.   After a hearing at the Federal Court of Appeal, this matter was resolved by negotiated Consent Agreement in December 2007;
  • Secured a settlement with the Competition Bureau on behalf of a Canadian manufacturer which successfully resolved a Bureau investigation into that company's rebate programs;
  • Advised CanJet Airlines in its complaints to the Bureau regarding alleged anti-competitive pricing by Air Canada.  As a result of these efforts, the Bureau issued the first ever temporary "cease and desist" order against Air Canada and subsequently brought an application for permanent relief;
  • Acted for IRI in a complaint concerning Nielsen's practices in the scanner data industry.  This resulted in successful proceedings brought by the Competition Bureau against Nielsen.
  • Served as special counsel to the Bureau in consent proceedings relating to the Interac shared electronic banking network;
  • Represented the Law Society of Upper Canada before the Ontario Court of Justice (General Division) in proceedings leading to the termination of a Competition Bureau inquiry investigating an alleged abuse of dominant position.