In that decision, the Competition Tribunal ruled that copyright licenses were not a “product” for purposes of the refusal to deal provisions in the Competition Act. That decision resulted from the Bureau's surprising decision take that case forward at all, and in turn to pursue the arguments that it did. Naturally, the Tribunal refused to let the case proceed - but arguably went farther than it needed to based upon unnecessary and frankly unfortunate arguments by the Bureau. Arguably, the Competition Tribunal reached the right decision but for the wrong reasons, which flowed from the then Director’s arguments. Naturally, nobody would argue that Ford should be forced to sell certain types of its car engines at its manufacturing cost to General Motors to make up for gaps in the latter’s engineering expertise or production facilities, or vice versa - assuming that these were the facts. However, that, in effect, was what the Director seemed to be arguing.
In any case, it would seem that the Warner decision is completely inapposite on the facts in this case.
AC's submission is very heavy on competition law, which is interesting because AC submits that there are no competition law issues.
S. 125 of the Competition Act gives the Commissioner the power to "make representations to and call evidence before the board, commission or other tribunal in respect of competition, whenever such representations are, or evidence is, relevant to a matter before the board". This can be at the Commissioner's own initiative or at the direction of the Minister.