On January 22, 2008, the Federal Court of Appeal dismissed an appeal by the Commissioner of Competition (the Commissioner) of the Competition Tribunal's refusal to grant an injunctive order under s. 100 of the Competition Act. The order would have delayed the closing of Labatt Brewing Company Limited's acquisition of Lakeport Brewing Income Fund. The Tribunal’s decision not to grant the injunctive order was a landmark in Canadian merger review law. It has now been upheld by the Court in a resounding manner, as the Court concluded it did not need to hear submissions from Labatt’s counsel. The Court is expected to issue reasons for its decision in due course. We will send out an update when those reasons are issued.
Shawn Neylan and Katherine Kay of Stikeman Elliott were competition counsel to Lakeport (until its acquisition by Labatt), successfully defending the Commissioner’s request to the Tribunal for an injunction in the original proceedings.