Loss Minimizing Seller Acquitted of Predatory Pricing Charge

Abstract

The Supreme Court of Ontario, in a judgment by Mr. Justice O'Leary on June 17, 1981, acquitted a parent company and its subsidiary on a count under s. 34(1)(c) of the Combines Investigation Act, finding that the accused sold below full cost in an effort to minimize losses or maximize profits rather than to eliminate a competitor (R. v. Consumers Class Company Limited and Portion Packaging Limited).