The Competition Tribunal today released its lengthy reasons for
dismissing an application brought by the Commissioner of
Competition (the “Commissioner”)
against Vancouver Airport Authority
(“VAA”) under the abuse of dominance
provision of the Competition Act. Following a four-week
trial, the Tribunal found that VAA’s decision to limit the
number of in-flight caterers operating at the Vancouver
International Airport did not constitute anti-competitive conduct.
Accordingly, it dismissed the Commissioner’s application and
awarded VAA costs in excess of $1 million.
The decision is significant for several reasons, including:
- it clarifies the extent to which the
abuse of dominance provision applies to a firm who does not compete
in the relevant market;
