August 4, 2010
On July 16, 2010, the Competition Tribunal issued a scheduling order setting hearing dates for the main application in the CREA abuse of dominance case.
On February 8, 2010, the Canadian Competition Bureau filed an abuse of dominance application against one of Canada’s largest single industry trade associations – The Canadian Real Estate Association.
According to the Bureau, CREA’s has used its MLS Rules to maintain control of the market for residential real estate brokerage services in Canada and, in particular, to inhibit or prevent non-traditional business models, including fee-for-service and flat fee models, from providing additional choices to consumers.
The MLS abuse of dominance case, which is one of less than ten contested abuse of dominance cases in Canada in the past twenty-five years, raises a number of interesting questions, including the appropriate market definition when the target is a trade association not engaged in the services at issue, whether (and based on what test) a network or other asset should be considered an essential input and whether (and to what extent) trade-mark rights can be unilaterally exercised without triggering competition law scrutiny.
For more on the CREA abuse of dominance case and pleadings in this case, see: Competition Tribunal.
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I am a Toronto competition and advertising lawyer offering business and individual clients efficient and strategic advice in relation to competition/antitrust, advertising, Internet and new media law and contest law. I also offer competition and regulatory law compliance, education and policy services to companies, trade and professional associations and government agencies.
My experience includes advising clients in Toronto, Canada and the US on the application of Canadian competition and regulatory laws and I have worked on hundreds of domestic and cross-border competition, advertising and marketing, promotional contest (sweepstakes), conspiracy (cartel), abuse of dominance, compliance, refusal to deal, pricing and distribution, Investment Canada Act and merger matters. For more information about my competition and advertising law services see: competition law services.
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Templates/precedents and checklists to run promotional contests in Canada
Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)
