Blakes Represented Visa In The Successful Defence Of An Application Brought By The Commissioner Of Competition

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A discussion on a recent decision issued by the Competition Tribunal in Commissioner of Competition v. Visa Canada Corporation and MasterCard International Incorporated.
Canada Antitrust/Competition Law

A decision was issued on July 23, 2013, by the Competition Tribunal in Commissioner of Competition v. Visa Canada Corporation and MasterCard International Incorporated, a case in which the Canadian Commissioner of Competition challenged Visa's and MasterCard's respective No Surcharge Rules and Honour All Cards Rules under section 76 of the Competition Act (the price maintenance provisions). The Competition Tribunal dismissed the application filed by the Commissioner, finding that the requirements to satisfy section 76 were not met and that the Commissioner's proposed interpretation of section 76 was not supported by the legislative history of the provision or other decisions.

The Tribunal's reasons are confidential at this time in order to protect properly confidential evidence. A public version of the decision will issue shortly after a determination has been made as to what information must remain confidential.

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