Julie Rosenthal at the CBA Competition Law Spring Conference
|Area||Competition, Antitrust and Foreign Investment|
Toronto Board of Trade
1 First Canadian Place
77 Adelaide Street West
Toronto, ON M5X 1C1
Tuesday, May 7, 2019
2:00 - 3:00pm: Abuse of Dominance in a Changing World
Speaker: Julie Rosenthal, Partner, Goodmans LLP
The Bureau has ramped up its investigation and enforcement of abuse cases, including the recent trial in the Vancouver Airport Authority case. Are traditional concerns about exclusivity arrangements and pricing practices giving way to theories of harm based on concepts relating to essential facilities? Are elements of the digital economy (such as data platforms) susceptible to Bureau scrutiny as essential facilities? How should the Bureau approach zero-price platforms, and should the Bureau continue to apply a consumer welfare standard that focuses on price effects? Against the backdrop of this evolving approach to antitrust, the Bureau has adopted new abuse guidelines, and the Government of Canada is currently studying whether the abuse provisions need to be modernized to deal with “data-opolies”. Join this panel of leading practitioners and representatives of the Bureau to hear about evolving enforcement of the abuse provision including the scope for application of the essential facilities theory in the digital economy.
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