Barcode-Symbol - Reasons and Order regarding application for leave to make an application under section 75 of the Competition Act

Barcode-Symbol - Reasons and Order regarding application for leave to make an application under section 75 of the Competition Act

The Tribunal must have reason to believe the applicant is directly and substantially affected by the alleged refusal to deal and that the practice could be subject to an order; adverse effect on competition is not required at the leave stage; the applicant met the threshold by adducing sufficient credible affidavit evidence to raise a reasonable possibility of direct and substantial effect, therefore leave is granted.

Citation
2004 Comp Trib 1
Parties
Applicant: Barcode Systems Inc.; Respondent: Symbol Technologies Canada ULC
Court
Competition Tribunal
Jurisdiction
Canada
Judgment Date
15 January 2004
Procedural Posture
Application for Leave Under S.103.1 to Bring an Application Under S.75 of the Competition Act / Leave Application Decided on the Written Record
Outcome
Application for leave granted
Legal Topics
Refusal to Deal, Private Access Action, Leave to Commence Proceedings, Section 75
Source Language
English
Competition Law Administrative Law Refusal to Deal Private Access Action Leave to Commence Proceedings Section 75

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Parties

Barcode Systems Inc.

Applicant

Symbol Technologies Canada ULC

Respondent

Procedural Posture

Application for Leave Under S.103.1 to Bring an Application Under S.75 of the Competition Act / Leave Application Decided on the Written Record

Legal Issues

  1. 1 Whether Barcode is directly and substantially affected in its business by Symbol's refusal to supply
  2. 2 Whether the Tribunal should grant leave under s.103.1(7)
  3. 3 Whether proof of adverse effect on competition is required at the leave stage

Ratio Decidendi

The Tribunal must have reason to believe the applicant is directly and substantially affected by the alleged refusal to deal and that the practice could be subject to an order; adverse effect on competition is not required at the leave stage; the applicant met the threshold by adducing sufficient credible affidavit evidence to raise a reasonable possibility of direct and substantial effect, therefore leave is granted.

Court Disposition

Application for leave granted

Orders

  • The 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 to schedule an expedited hearing.