The Antitrust Review of the Americas 2014

Canada: Monopolisation

27 August 2013

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. The commissioner holds exclusive jurisdiction to challenge allegedly abusive conduct before the Tribunal. As of 2009, contravention of the abuse of dominance provisions can result in administrative monetary penalties (AMPs) of up to C$15 million for multiple violations of such provisions.

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