Canada’s Commissioner of Competition (Commissioner) announced today that it would not appeal the Competition Tribunal’s (Tribunal) decision to dismiss a case it brought against Visa Canada Corporation (Visa) and MasterCard International Incorporated (MasterCard).
Earlier this year, the Tribunal rejected the Commissioner’s complaint that credit card companies had engaged in price maintenance within the meaning of section 76 of the Competition Act; confirming that credit card networks do not engage in resale price maintenance in carrying on their business activities.
For additional information on the Tribunal’s reasons, please see http://www.mccarthy.ca/article_detail.aspx?id=6431.… Continue Reading
Québec’s Consumer Protection Act deems sales made over the Internet with residents of the province to be subject to Québec law. Such sales are termed “distance contracts” and are subject to the formal and substantive provisions of the Act.
The distance contract provisions under the Act are very similar to provisions that have been adopted under the e-commerce legislation in other provinces, since they are based on the Internet Sales Contract Harmonization Template, but the substantive provisions of Québec law relating to warranties, together with the regulations concerning advertising, impose additional obligation on Internet vendors.… Continue Reading
The Shoppers Drug Mart franchisees recently took another step forward in their class action lawsuit. Building on his earlier decision discussed here, Justice Perell for the Ontario Superior Court of Justice (ONSC) certified a number of elements of the plaintiffs’ action as a class proceeding. In this article, we have focussed on the three aspects of the decision that, in our view, are most significant to franchise and distribution systems.… Continue Reading