[co-author: Betsy Byra]
In a decision made public on 4 May, the Ontario Superior Court of Justice (the Court) determined that an asserted conspiracy claim concerning a price maintenance dispute should proceed to trial, despite Canada’s Competition Tribunal not having issued an opinion on the matter.
1 This decision creates a possible loophole in the Canadian Competition Act’s intent to require price maintenance claims to be adjudicated through an administrative body and creates uncertainty for the review of creatively pleaded resale price maintenance claims moving forward.
Competition Tribunal Review of Price Maintenance Claims Under the Competition Act
In 2009, Canada removed its