On May 10, 2007, Canada's Supreme Court denied leave to appeal the Federal Court of Appeal's decision in The Commissioner v. Canada Pipe et al., the first and only appellate decision in respect of the abuse of dominance and exclusive dealing provisions of Canada's Competition Act.

As a result of the Supreme Court's decision, the case will be remanded back to the Competition Tribunal for decision in accordance with the legal tests established by the Federal Court of Appeal. The Commissioner of Competition has, in previous statements, confirmed that the Federal Court of Appeal's decision will not alter the Bureau's approach to enforcement of these provisions, as detailed in its Abuse of Dominance Guidelines.

Stikeman Elliott partner Randall Hofley successfully represented the Commissioner of Competition as lead counsel before the Federal Court of Appeal and the Supreme Court of Canada in this matter, during his tenure as Special Counsel to the Commissioner of Competition during 2005 and 2006.