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Competition Tribunal Sets the Rules for Comparative Price Advertising


Area Competition, Antitrust and Foreign Investment


On January 11, 2005, the Competition Tribunal found that Sears Canada Inc. (“Sears”) engaged in reviewable conduct under the civil misleading advertising provisions of the Competition Act (the “Act”).  This case provides important guidance as to how the Competition Tribunal (“Tribunal”) interprets the civil ordinary selling price provisions of the Act.  The decision has implications for all retailers and other suppliers that use comparative price advertising.  Sears is considering whether to appeal the decision.


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