Federal Court of Appeal Overrules the Competition Tribunal in
Commissioner of Competition v. Canada Pipe
Date:
July 1 2006
In Commissioner of Competition v. Canada Pipe (released on June 23, 2006), the Federal Court of Appeal (the "FCA") held that the Competition Tribunal ("Tribunal") applied the wrong tests when it determined that Canada Pipe's loyalty rebate program did not amount to exclusive dealing or abuse of dominance (see FMC Update, February 2005 for discussion of the Tribunal's decision.) The case is the first decision of the FCA interpreting the Competition Act's abuse of dominance and exclusive dealing provisions. In addition to allowing the Commissioner's appeal, the FCA dismissed Canada Pipe's cross-appeal on the Tribunal's finding of dominance. The FCA then referred the case back to the Tribunal for redetermination in accordance with the tests prescribed by the FCA.
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