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Resale Price Maintenance May Carry More Risk Than Originally Thought in Canada, Eh? | K&L Gates LLP

[co-author: Betsy Byra] In a decision made public on 4 May, the Ontario Superior Court of Justice (the Court) determined that an asserted conspiracy claim concerning a price maintenance dispute should proceed to trial, despite Canadaโ€™s Competition Tribunal not having issued an opinion on the matter. 1 This decision creates a possible loophole in the Canadian Competition Actโ€™s intent to require price maintenance claims to be adjudicated through an administrative body and creates uncertainty ...
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