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ARTICLE · 18 SEPTEMBER 2013

Reasons In Commissioner Of Competition v. Visa

McCarthy Tétrault
McCarthy Tétrault
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McCarthy Tétrault

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The highly anticipated decision is of importance to several areas of competition law and to the credit card business in general.

CanadaFinance and Banking

On September 9, 2013, the Competition Tribunal issued its Reasons in The Commissioner of Competition v. Visa Canada Corporation and MasterCard International Incorporated, 2013 Comp. Trib. 10. The Tribunal, comprising Phelan J. (presiding), Dr. W. Askanas and Mr. K. Montgomery, unanimously dismissed the Application.

In its Application, the Commissioner of Competition (Commissioner) asserted that each of the Respondents, Visa Canada Corporation (Visa) and MasterCard International Incorporated (MasterCard), had engaged in price maintenance within the meaning of section 76 of the Competition Act, RSC 1985, c. C-34. The Canadian Bankers Association (CBA) and The Toronto-Dominion Bank (TD Bank) were granted leave to intervene in the proceedings. McCarthy Tétrault acted for TD Bank in these proceedings, with a team led by Paul Morrison and comprised of Christine Lonsdale, Jill Yates, Adam Ship, Ron Podolny and Glen MacArthur.

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