The Antitrust Review of the Americas 2011

Canada: Monopolisation

13 September 2010

Canadian antitrust enforcement is based on three core provisions: conspiracy, mergers and abuse of dominance. The abuse of dominance provisions, found in sections 78 and 79 of Canada's Competition Act, 1 are administered and enforced by the federal government through the commissioner of competition (the commissioner), the head of the Competition Bureau (the Bureau). The commissioner investigates allegedly anti-competitive conduct and, where grounds exist, brings a case before the Competition Tribunal (the Tribunal) for adjudication. Although there has been some discussion of creating a private right of action for abuse, the commissioner retains exclusive jurisdiction to challenge allegedly abusive conduct before the Tribunal.