Appeal to allow hog assembler to market a limited percentage of market weight hogs dismissed.
The appellant appealed decisions of the marketing board rejecting its proposal to market a limited number of market weight hogs (up to 5% of its total sales of 'off sort' hogs).
The appellant argued the exemption would allow it to provide better service to producers without harming the marketing board's market power.
The marketing board argued that allowing competitors in its core market would erode its single desk selling authority and market power.
The Tribunal dismissed the appeal, finding that the marketing board's market power would be diminished by allowing competitors in the market weight hog category, and that preserving the single desk selling function was in the best interests of Ontario pork producers.
Zantingh Direct Inc. v Ontario Pork Producers’ Marketing Board, 2004 ONAFRAAT 38
