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March 12, 2019

Practical Law Canada has published a New Legal Update, which discusses the updated Abuse of Dominance Enforcement Guidelines issued by the Competition Bureau.  This Update includes a summary of key changes, updates based on the landmark Toronto Real Estate Board abuse of dominance case, as well as shifts in the Bureau’s abuse of dominance related enforcement policies.

Below is an excerpt with a link to the full Update.

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On March 7, 2019, the Competition Bureau released its updated Abuse of Dominance Enforcement Guidelines (Abuse of Dominance Guidelines) (see News Release, Competition Bureau releases updated abuse of dominance guidelines, Competition Bureau, March 7, 2019). For an overview of the abuse of dominance provisions of the Competition Act, R.S.C. 1985, c. C-34, see Practice Note, Abuse of Dominance (Sections 78 and 79 of the Competition Act).

The Bureau’s updated Abuse of Dominance Guidelines, which provide an overview of its approach to enforcing the abuse of dominance provisions of the Competition Act, were finalized following public consultations, which were launched in March 2018. The Bureau’s new Guidelines are its first re-statement of its abuse of dominance related enforcement policies in seven years.

In general, the Bureau’s new Abuse of Dominance Guidelines provide a more detailed and comprehensive summary of its enforcement approach to sections 78 and 79 of the Competition Act and also incorporate important changes in the law resulting from the Federal Court of Appeal’s decision in Toronto Real Estate Board v. Commissioner of Competition, 2017 CarswellNat 6861 (F.C.A.) (TREB), which was released on December 1, 2017. For more information on the TREB decision, see Legal Updates, Federal Court of Appeal Upholds Decision Requiring Toronto Real Estate Board to Make Data AvailableSupreme Court of Canada Denies Leave in Landmark Real Estate Abuse of Dominance Case and Landmark TREB Abuse of Dominance Case May Open the Door for New Real Estate Models in Toronto.

Overall, the Bureau’s new Guidelines provide significantly expanded guidance on the Bureau’s enforcement policies in relation to the abuse of dominance provisions of the Competition Act and also include a number of new and useful tools for businesses and their counsel.

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For the full update, see: Competition Bureau Issues Expanded Abuse of Dominance Enforcement Guidelines.

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