In a recent important decision the Federal Court of Appeal confirmed a June 2009 Competition Tribunal decision in a refusal to deal case. This unanimous decision clarifies the scope of Section 75 of the Competition Act - a civil refusal to deal provision that, in certain circumstances, may allow a business to obtain an order requiring a supplier to accept the business as a customer.
The Quebec Superior Court has approved a settlement agreement in which two defendants facing criminal charges relating to gas price fixing will cooperate with the plaintiffs in a parallel class action. Unusually, these two individual defendants will provide certain information about the other defendants involved in the cartel to the plaintiffs in the class action proceeding.
The Competition Tribunal has dismissed an application which would have forced the largest chicken producer in New Brunswick and two smaller producers to continue selling their entire production of live chickens to the applicant, despite there being no contract of supply between the parties. The ruling afforded the tribunal an opportunity to clarify the scope of Section 75 of the Competition Act, which deals with refusal to deal.