Construx v. GM - Reasons and Order in leave application under sections 75 and 77
Leave was refused because Construx failed to provide sufficient credible evidence to show it was substantially affected by GM's policies as required by section 103.1(7); therefore the Tribunal did not consider the merits under sections 75 or 77.
- Citation
- 2005 Comp Trib 21
- Parties
- Applicant: Construx Engineering Corporation; Respondent: General Motors of Canada Ltd.
- Court
- Competition Tribunal
- Jurisdiction
- Canada
- Judgment Date
- 13 June 2005
- Procedural Posture
- Leave to Make Application Under the Competition Act / Decision on Leave Application (written Record)
- Outcome
- Application dismissed without costs
- Legal Topics
- Refusal to Deal, Market Restriction, Leave Under Section 103.1
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Construx Engineering Corporation
Applicant
General Motors of Canada Ltd.
Respondent
Procedural Posture
Leave to Make Application Under the Competition Act / Decision on Leave Application (written Record)
Legal Issues
- 1 Whether Construx is directly and substantially affected by GM's policies
- 2 Whether GM's policies amount to a refusal to deal under s.75
- 3 Whether GM's policies amount to a market restriction under s.77
Ratio Decidendi
Leave was refused because Construx failed to provide sufficient credible evidence to show it was substantially affected by GM's policies as required by section 103.1(7); therefore the Tribunal did not consider the merits under sections 75 or 77.
Court Disposition
Application dismissed without costs
Orders
- Application for leave to apply under sections 75 and 77 dismissed without costs
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