Broadview-Wyeth - Reasons for Order and Order dismissing leave to file an application

Broadview-Wyeth - Reasons for Order and Order dismissing leave to file an application

The applicant failed to provide sufficient credible, documented evidence of a direct and substantial effect from Wyeth's refusal to deal (a 5% share of pharmaceutical sales is not shown to be substantial and losses alleged are speculative); therefore leave under s.103.1 is not warranted and dismissal is appropriate...

Source-derived case information.

Citation
2004 Comp Trib 22
Parties
Applicant: 1177057 Ontario Inc. c.o.b. as Broadview Pharmacy; Respondent: Wyeth Canada Inc.
Court
Competition Tribunal
Jurisdiction
Canada
Judgment Date
20 September 2004
Procedural Posture
Leave to Make Application Under S.103.1 (s.75) / Decision on Leave Application (dismissed)
Outcome
Application for leave dismissed.
Legal Topics
Refusal to Deal, Section 75, Leave to Apply S.103.1, Dominant Position, Direct and Substantial Effect
Source Language
english
Competition Law Antitrust Pharmaceuticals Refusal to Deal Section 75 Leave to Apply S.103.1 Dominant Position Direct and Substantial Effect

Source-derived case record

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Parties

1177057 Ontario Inc. c.o.b. as Broadview Pharmacy

Applicant

Wyeth Canada Inc.

Respondent

Procedural Posture

Leave to Make Application Under S.103.1 (s.75) / Decision on Leave Application (dismissed)

Legal Issues

  1. 1 Whether the applicant has been directly and substantially affected by the respondent's refusal to deal
  2. 2 Whether the conduct could be subject to an order under section 75 of the Competition Act

Ratio Decidendi

The applicant failed to provide sufficient credible, documented evidence of a direct and substantial effect from Wyeth's refusal to deal (a 5% share of pharmaceutical sales is not shown to be substantial and losses alleged are speculative); therefore leave under s.103.1 is not warranted and dismissal is appropriate without considering the merits under s.75.

Court Disposition

Application for leave dismissed.

Orders

  • The application for leave is dismissed.