Robinson Motorcycle - Deeley Imports - Consent Interim Order

Robinson Motorcycle - Deeley Imports - Consent Interim Order

Because both parties consented, the Tribunal exercised its authority under s.103.1 (and s.104(75)) of the Competition Act to grant a consent interim order requiring Fred Deeley to supply Robinson with non-seasonal general merchandise and parts under the Retailer Agreement dated June 14, 1999, reinstated and amended by deleting specified paragraphs and schedules, until the Tribunal decides the merits of the s.75 application.

Citation
2004 Comp Trib 30
Parties
Applicant: Robinson Motorcycle Limited; Respondent: Fred Deeley Imports Ltd.
Court
Competition Tribunal
Jurisdiction
Canada
Judgment Date
7 December 2004
Procedural Posture
Leave to Bring Application Under Section 75 (s.103.1) Interim Order (refusal to Deal) / Consent Interim Order Pending Merits Decision
Outcome
Consent interim order granted requiring interim supply by respondent to applicant under reinstated and amended Retailer Agreement until merits decision.
Legal Topics
Refusal to Deal, Leave to Apply Under S.103.1, Interim Order, Reinstatement and Amendment of Retailer Agreement
Source Language
English
Competition Law Contract Law Refusal to Deal Leave to Apply Under S.103.1 Interim Order Reinstatement and Amendment of Retailer Agreement

Case Brief

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Parties

Robinson Motorcycle Limited

Applicant

Fred Deeley Imports Ltd.

Respondent

Procedural Posture

Leave to Bring Application Under Section 75 (s.103.1) Interim Order (refusal to Deal) / Consent Interim Order Pending Merits Decision

Legal Issues

  1. 1 Whether to grant leave under s.103.1 to bring an application under s.75
  2. 2 Whether to order interim supply (refusal to deal) pending determination on the merits
  3. 3 Whether the Retailer Agreement may be reinstated and amended by Tribunal order for the interim period

Ratio Decidendi

Because both parties consented, the Tribunal exercised its authority under s.103.1 (and s.104(75)) of the Competition Act to grant a consent interim order requiring Fred Deeley to supply Robinson with non-seasonal general merchandise and parts under the Retailer Agreement dated June 14, 1999, reinstated and amended by deleting specified paragraphs and schedules, until the Tribunal decides the merits of the s.75 application.

Court Disposition

Consent interim order granted requiring interim supply by respondent to applicant under reinstated and amended Retailer Agreement until merits decision.

Orders

  • Fred Deeley Imports Ltd. is to supply Robinson with non-seasonal general merchandise and parts until the Tribunal decides the merits of the s.75 application.
  • The Supply is to be governed by the Retailer Agreement dated June 14, 1999, reinstated and amended by deleting paragraph B1 and 4; paragraph C1, 2 and 4; paragraph D3(i); paragraph F3; paragraph J; paragraphs (I), 1(iv) and (ix); Schedule A; and Schedule B.