Morgan - La-Z-Boy - Reasons and Order regarding application for leave to make an application under section 75 of the Competition Act

Morgan - La-Z-Boy - Reasons and Order regarding application for leave to make an application under section 75 of the Competition Act

The Tribunal granted leave because the applicant produced sufficient credible evidence (affidavit with sales and profit tables and factual assertions about restrictions and orders) to give rise to a reasonable possibility that it was directly and substantially affected by La-Z-Boy’s refusal to supply; proof of adverse effect on competition is not required at the leave stage.

Citation
2004 Comp Trib 4
Parties
Applicant: Allan Morgan and Sons Ltd.; Respondent: La-Z-Boy Canada Ltd.
Court
Competition Tribunal
Jurisdiction
Canada
Judgment Date
5 February 2004
Procedural Posture
Application for Leave Under Subsection 103.1(1) of the Competition Act to Bring an Application Under Section 75 / Decision on Application for Leave (reasons and Order)
Outcome
Leave to make an application under section 75 granted.
Legal Topics
Refusal to Supply (refusal to Deal), Section 75 Competition Act, Leave to Commence Private Access Action Under Section 103.1, Interpretation of Leave Standard
Source Language
English
Competition Law Antitrust Restrictive Trade Practices Refusal to Supply (refusal to Deal) Section 75 Competition Act Leave to Commence Private Access Action Under Section 103.1 Interpretation of Leave Standard

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Parties

Allan Morgan and Sons Ltd.

Applicant

La-Z-Boy Canada Ltd.

Respondent

Procedural Posture

Application for Leave Under Subsection 103.1(1) of the Competition Act to Bring an Application Under Section 75 / Decision on Application for Leave (reasons and Order)

Legal Issues

  1. 1 Whether the applicant is directly and substantially affected in its business by the respondent's alleged refusal to supply within the meaning of s.103.1(7)
  2. 2 What standard of evidence is required at the leave stage
  3. 3 Whether adverse effect on competition is required to grant leave

Ratio Decidendi

The Tribunal granted leave because the applicant produced sufficient credible evidence (affidavit with sales and profit tables and factual assertions about restrictions and orders) to give rise to a reasonable possibility that it was directly and substantially affected by La-Z-Boy’s refusal to supply; proof of adverse effect on competition is not required at the leave stage.

Court Disposition

Leave to make an application under section 75 granted.

Orders

  • This application for leave is granted.
  • The Tribunal is prepared to expedite the hearing of the application and invites the parties to communicate with the Deputy Registrar of the Tribunal for this purpose.