Competition Tribunal Releases
Sears Decision
Date:
February 1 2005
On January 24, 2005, the Competition Tribunal (the “Tribunal”) released its decision in Commissioner of Competition vs. Sears Canada Inc. (“Sears”). The case dealt with tire advertisements run by Sears in 1999, in which Sears advertised prices discounted from its “regular” tire prices. The Tribunal concluded that those ads violated the “ordinary selling price” provisions of the Competition Act, and issued a ten year prohibition order against Sears. The Tribunal declined to require Sears to issue corrective notices and deferred its decision on whether it would order Sears to pay administrative monetary penalties (AMP’s) pending submissions on that issue by the parties.
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