Mrs. O's Pharmacy-Pfizer - Reasons for Order and Order dismissing leave to file an application

Mrs. O's Pharmacy-Pfizer - Reasons for Order and Order dismissing leave to file an application

Leave dismissed because the applicant failed to produce sufficient credible, non‑speculative evidence of a direct and substantial causal effect from Pfizer's refusal to supply; forecasts and unsubstantiated assertions were inadequate to meet s.103.1(7).

Citation
2004 Comp Trib 24
Parties
Applicant: Mrs. O's Pharmacy; Respondent: Pfizer Canada Inc.
Court
Competition Tribunal
Jurisdiction
Canada
Judgment Date
20 September 2004
Procedural Posture
Leave to Make an Application Under Section 103.1 of the Competition Act (section 75 Claim) / Decision on Written Record; Reasons for Order and Order; Leave Dismissed
Outcome
Leave to make an application under subsection 75 is dismissed.
Legal Topics
Refusal to Supply, Leave to Commence S.75 Proceeding, Dominant Position, Terms of Trade, Audit Condition and Privacy, Substantial Effect Test, Causation
Source Language
English
Competition Law Antitrust Administrative Law Pharmaceutical Regulation Refusal to Supply Leave to Commence S.75 Proceeding Dominant Position Terms of Trade +3 more

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Parties

Mrs. O's Pharmacy

Applicant

Pfizer Canada Inc.

Respondent

Procedural Posture

Leave to Make an Application Under Section 103.1 of the Competition Act (section 75 Claim) / Decision on Written Record; Reasons for Order and Order; Leave Dismissed

Legal Issues

  1. 1 Whether the applicant provided sufficient credible evidence that Pfizer's refusal to supply directly and substantially affected its business
  2. 2 Whether the causal link between the respondent's conduct and the applicant's alleged losses is established
  3. 3 Whether Pfizer's reinstatement offer conditioned on audits/reporting is unreasonable or breaches professional obligations

Ratio Decidendi

Leave dismissed because the applicant failed to produce sufficient credible, non‑speculative evidence of a direct and substantial causal effect from Pfizer's refusal to supply; forecasts and unsubstantiated assertions were inadequate to meet s.103.1(7).

Court Disposition

Leave to make an application under subsection 75 is dismissed.

Orders

  • Leave to make an application under subsection 75 is dismissed.