Article: Resale Price Maintenance in Canada: Where Do We Stand After the Visa/Mastercard Case?

Download this publication November 13, 2013

The Bureau's price maintenance case against Visa and MasterCard attracted a great deal of interest and attention in Canada. Ultimately, the Competition Tribunal (which adjudicates such matters) ruled against the Bureau because it concluded that the Bureau's case did not fit within the intended scope of the new price maintenance provision.

In many respects, the Bureau proceedings against Visa and MasterCard can be regarded as a "one off" case with only minor implications for the future enforcement of the price maintenance provision in Canada. The case certainly did not involve a typical resale price maintenance scenario. However, it is also possible that the Visa/MasterCard case may one day be regarded as the high water mark for price maintenance enforcement in Canada.

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Mark C. Katz

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