Director, Document Review Services
February 26, 2018
In Vancouver Airport Authority v. Commissioner of Competition, 2018 FCA 24, the Federal Court of Appeal denied the Commissioner of Competition a public interest class privilege over documents obtained during an investigation.
The investigation related to the Airport Authority’s decision to allow only two in-flight caterers to operate at the Vancouver International Airport. The Commissioner alleged that the Airport Authority behaved in an anti-competitive manner, resulting in “higher prices, dampened innovation and lower service quality”.
The Commissioner’s initial affidavit of documents listed 11,500 relevant documents. Approximately 9,500 of these records were withheld on the basis of an alleged public interest class privilege. … Read More