"Refusals to Deal Under
Canada's Competition Act", presented at the ABA Section of International Law conference, April 2011
Date:
April 29 2011
Under Canadian competition law, a business has no absolute obligation to supply another business. Nevertheless, for firms that are dominant or are significant participants, such an obligation may be imposed by the Competition Tribunal (the “Tribunal”) under certain civil provisions of the Competition Act (the “CA”): a specific provision targeting refusals to deal and the general abuse of dominance provision.
Sandy Walker provides an overview of these provisions and considers how they apply in the context of a refusal to provide access to a facility or critical input.
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