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ARTICLE · 06 JUNE 2007

Abuse Of Dominance In Canada: What Lies Ahead?

Abuse of dominance continues to be a focus of debate and attention in Canada (as it is throughout the international competition law community).

CanadaAntitrust/Competition Law

Abuse of dominance continues to be a focus of debate and attention in Canada (as it is throughout the international competition law community). In June 2006, the Federal Court of Appeal ("FCA") issued its decision requiring the Competition Tribunal (the "Tribunal") to re-determine aspects of the abuse of dominance and exclusive dealing application brought in October 2002 by the Commissioner of Competition (the "Commissioner") against Canada Pipe Company Ltd. ("Canada Pipe"). Davies acts for Canada Pipe in this matter. In September 2006, in preparation for its increased role in the regulation of the telecommunications industry, the Competition Bureau (the "Bureau") released a draft information bulletin concerning abuse of dominance in the telecommunications sector. Finally, in a related move, the Minister of Industry tabled proposed amendments to the Competition Act in December 2006 that would authorize the Tribunal to order telecommunications providers to pay an administrative

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