In the wake of the Competition Tribunal's first decision under the new "refusal to deal" provisions (section 75 of the Competition Act), leave is being sought to bring another private action under that provision, in the case of Sears Canada Inc. v. Parfums Christian Dior Canada Inc. and Parfums Givenchy Canada Ltd. The department store chain claims that the decision of the French perfumeries to stop supplying Sears' stores will substantially affect it in its business and have an adverse effect on competition. The application for leave was filed on February 23, 2007. A hearing on the leave application was held on March 14, 2007. Givenchy and Christian Dior have agreed to continue supply until May, 2007, thus obviating any immediate need for an interim order.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
