COMPETITION
Appeal from Competition Tribunal’s dismissal of application for interim order under Competition Act, R.S.C., 1985, c. C-34, s. 100(1)(a) prohibiting acquisition by Labatt Brewing Company of Lakeport Brewing Company—Three conditions needed to grant interim order under Act, s. 100(1)(a)—Under predecessor provision, appellant required to satisfy Competition Tribunal proposed transaction reasonably likely to prevent, lessen competition substantially—That requirement ceasing to exist after current version enacted—Federal Court not interpreting, applying s. 100(1)(a) as though requirement still existing—In assessing whether third condition met (if interim order not granted, person likely to take action that would substantially impair ability of Tribunal to make order), Tribunal required to consider effectiveness of available s. 92 remedies in absence of interim order assuming proposed transaction determined to prevent, lessen competition—Appeal dismissed.
Commissioner of Competition v. Labatt Brewing Co. Ltd. (A-192-07, 2008 FCA 22, Sharlow J.A., judgment dated 22/1/08, 7 pp.)