The Supreme Court has granted leave in a proceeding pursuant to section 8 of the PM(NOC) Regulations. Some of the issues to be decided in this proceeding, as listed by the Supreme Court, include:
- What is the correct interpretation of, and correct legal framework applicable to determination of appropriate compensation owed under s. 8?
- What is the status and legal implications of the PM(NOC) Regulations in the hypothetical “but for” world?
- Whether the legal framework applicable to s. 8 requires the construction of a hypothetical market in which failed prohibition proceedings against plaintiff are excluded, while those against its competitors are legally considered extant.