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

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

Broadview failed to provide sufficient credible evidence that Pfizer's refusal to supply directly and substantially affected its overall business as required by s.103.1(7); consequently leave to bring an application under s.75 was dismissed.

Citation
2004 Comp Trib 23
Parties
Applicant: Broadview Pharmacy (1177057 Ontario Inc.); Respondent: Pfizer Canada Inc.
Court
Competition Tribunal
Jurisdiction
Canada
Judgment Date
20 September 2004
Procedural Posture
Leave to Make Application Under S.103.1 (seeking Leave to Bring Application Under S.75) / Decision on Leave Application (dismissed)
Outcome
Application for leave to bring an application under section 75 dismissed
Legal Topics
Refusal to Deal, Section 103.1 Leave, Section 75, Cross Ownership Clause, Internet Pharmacy Exports
Source Language
English
Competition Law Competition Act Antitrust Refusal to Deal Section 103.1 Leave Section 75 Cross Ownership Clause Internet Pharmacy Exports

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Parties

Broadview Pharmacy (1177057 Ontario Inc.)

Applicant

Pfizer Canada Inc.

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether Broadview was directly and substantially affected in its business under s.103.1(7)
  2. 2 Whether the evidence presented provided sufficient credible support of substantial effect
  3. 3 Whether cross-ownership undertaking relevance at the leave stage

Ratio Decidendi

Broadview failed to provide sufficient credible evidence that Pfizer's refusal to supply directly and substantially affected its overall business as required by s.103.1(7); consequently leave to bring an application under s.75 was dismissed.

Court Disposition

Application for leave to bring an application under section 75 dismissed

Orders

  • The application for leave is dismissed.