The Antitrust Review of the Americas 2012

Canada: Monopolisation

05 September 2011

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. Recent amendments to the Act empowered the Tribunal to award monetary penalties of up to $15 million for multiple violations of the abuse provisions.

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