Paradise-Novartis - Reasons for Order and Order dismissing leave to file an application

Paradise-Novartis - Reasons for Order and Order dismissing leave to file an application

Leave was dismissed because the applicants failed to provide sufficient credible evidence to establish that their businesses were directly and substantially affected as required by section 103.1; absent that threshold, it was unnecessary to consider whether a section 75 order could issue.

Citation
2004 Comp Trib 21
Parties
Applicants: Paradise Pharmacy Inc. and Rymal Pharmacy Inc.; Respondent: Novartis Pharmaceuticals Canada Inc.
Court
Competition Tribunal
Jurisdiction
Canada
Judgment Date
20 September 2004
Procedural Posture
Leave to Make Application Under S.103.1 / Decision on Leave to File Application (reasons for Order)
Outcome
Leave to make an application under subsection 75 dismissed
Legal Topics
Refusal to Deal, Leave to Apply Under S.103.1, Section 75 Orders, Dominant Position, Evidence Threshold
Source Language
English
Competition Law Antitrust Commercial Law Refusal to Deal Leave to Apply Under S.103.1 Section 75 Orders Dominant Position Evidence Threshold

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Parties

Paradise Pharmacy Inc. and Rymal Pharmacy Inc.

Applicants

Novartis Pharmaceuticals Canada Inc.

Respondent

Procedural Posture

Leave to Make Application Under S.103.1 / Decision on Leave to File Application (reasons for Order)

Legal Issues

  1. 1 Whether the applicants' business was directly and substantially affected by Novartis' refusal to supply through distributors
  2. 2 Whether the Tribunal had reason to believe an order under section 75 could issue
  3. 3 Sufficiency and credibility of evidence at the leave stage

Ratio Decidendi

Leave was dismissed because the applicants failed to provide sufficient credible evidence to establish that their businesses were directly and substantially affected as required by section 103.1; absent that threshold, it was unnecessary to consider whether a section 75 order could issue.

Court Disposition

Leave to make an application under subsection 75 dismissed

Orders

  • Leave to make an application under subsection 75 is dismissed