Air Canada / CanJet - Order varying the temporary Order made by the Commissioner of Competition on October 12, 2000 and extended by the Commissioner on October 31, 2000

Air Canada / CanJet - Order varying the temporary Order made by the Commissioner of Competition on October 12, 2000 and extended by the Commissioner on October 31, 2000

The Tribunal held that it has jurisdiction under s.104.1(7), that the Commissioner validly commenced an inquiry and his opinion was not patently unreasonable, that the statutory harm did not exist at the time the Order was made but is now likely to exist, and that the Order’s prohibition of "any similar fares" was imprecise and unenforceable; accordingly the Tribunal varied the Order by deleting "any similar fares" and otherwise confirmed the Order until December 31, 2000.

Citation
2000 Comp Trib 24
Parties
Applicant: Air Canada; Respondent: The Commissioner of Competition; Affected Party: I.M.P. Group Ltd. (CanJet Airlines)
Court
Competition Tribunal
Jurisdiction
Canada
Judgment Date
24 November 2000
Procedural Posture
Rescission or Variation of Order Under S.104.1(7) of the Competition Act / Hearing (oral) and Interlocutory Order
Outcome
Order varied and otherwise confirmed for a limited period
Legal Topics
Temporary Order, Section 104.1(7), Standard of Review, Jurisdiction, Meaning of Likely, Precision of Remedial Wording
Source Language
English
Competition Law Administrative Law Judicial Review Temporary Order Section 104.1(7) Standard of Review Jurisdiction Meaning of Likely +1 more

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Parties

Air Canada

Applicant

The Commissioner of Competition

Respondent

I.M.P. Group Ltd. (CanJet Airlines)

Affected Party

Procedural Posture

Rescission or Variation of Order Under S.104.1(7) of the Competition Act / Hearing (oral) and Interlocutory Order

Legal Issues

  1. 1 Whether the Competition Tribunal has jurisdiction under s.104.1(7) to determine validity of the Commissioner’s temporary order
  2. 2 Whether the Commissioner’s opinion that conduct could constitute an anti-competitive act was patently unreasonable
  3. 3 Whether the harm in s.104.1(1)(b)(ii) existed when the Order was made or is likely to exist now

Ratio Decidendi

The Tribunal held that it has jurisdiction under s.104.1(7), that the Commissioner validly commenced an inquiry and his opinion was not patently unreasonable, that the statutory harm did not exist at the time the Order was made but is now likely to exist, and that the Order’s prohibition of "any similar fares" was imprecise and unenforceable; accordingly the Tribunal varied the Order by deleting "any similar fares" and otherwise confirmed the Order until December 31, 2000.

Court Disposition

Order varied and otherwise confirmed for a limited period

Orders

  • The Commissioner’s order of October 12, 2000 as extended October 31, 2000 is varied to delete the reference to "any similar fares" and is otherwise confirmed to expire at midnight Eastern Standard Time on December 31, 2000.
  • I.M.P. Group Limited (CanJet Airlines) is added as a party.