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ARTICLE · 23 JUNE 2008

Decision Challenges Nature Of Competition Tribunal’s Screening Function Of Private Applications

McMillan LLP
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The Competition Tribunal (the “Tribunal”) has denied the application of Canadian Standard Travel Agent Registry (“CSTAR”) under section 103.1 of the Competition Act (the “Act”) for leave to bring an application against the International Air Transportation Association (“IATA”) for refusal to deal under section 75 of the Act.

CanadaAntitrust/Competition Law

The Competition Tribunal (the "Tribunal") has denied the application of Canadian Standard Travel Agent Registry ("CSTAR") under section 103.1 of the Competition Act (the "Act") for leave to bring an application against the International Air Transportation Association ("IATA") for refusal to deal under section 75 of the Act.1 This case has important implications for the Tribunal's gate keeping function for private applications to the Tribunal.

Section 103.1 of the Act requires the Tribunal to screen private applicants seeking to make an application under section 75 or 77 of the Act in a summary and expeditious manner. The CSTAR case affects the nature of this screening process because the Tribunal:

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