The Canadian Competition Bureau will interpret the Competition Act to prohibit anticompetitive behaviour, even when such acts are not directed at a competitor, according to new abuse of dominance Draft Guidelines published on March 22.
Osler Hoskin & Harcourt partner Michelle Lally believes this departure from the 2009 guidelines is an overstep in jurisprudence, particularly the 2006 Federal Court of Appeal decision in Commissioner of Competition v. Canada Pipe Company.
In that case, the Court sided with the Competition Tribunal’s interpretation that an anti-competitive act must be performed for the purpose of an “intended negative effect on a competitor that is predatory, exclusionary or disciplinary.” ...