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ARTICLE · 30 JANUARY 2008

Federal Court Ruling Reins In Competition Bureau: Beer Subpoenas Set Aside

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In an unprecedented decision released on January 29, 2008, the Federal Court has thrown out subpoenas issued against Labatt Brewing Company Limited and other beer industry participants on the grounds that the disclosure by the Commissioner of Competition to the Federal Court Judge who issued the orders was "misleading, incomplete and incorrect".

CanadaAntitrust/Competition Law
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Article by Neil Finkelstein, Brian A. Facey, Cathy Beagan Flood & Ryder Gilliland, © 2008, Blake, Cassels & Graydon LLP

Originally published in Blakes Bulletin on Competition Law, January, 2008

In an unprecedented decision released on January 29, 2008, the Federal Court has thrown out subpoenas issued against Labatt Brewing Company Limited and other beer industry participants on the grounds that the disclosure by the Commissioner of Competition to the Federal Court Judge who issued the orders was "misleading, incomplete and incorrect".

Labatt challenged the orders in Court on December 6, 2007 because the orders represented substantial duplication with prior orders sought by the Commissioner. The orders were the third round of such orders made in the last three years in the Ontario beer industry. While 15 such orders were made in November, only two companies (Labatt and Moosehead) challenged

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