TheCompetition Tribunal (French:Tribunal de la concurrence) is the federaladjudicative body inCanada responsible for cases regardingcompetition laws under theCompetition Act.^[1]

The Tribunal hears cases that deal with such matters asbusiness mergers; abuse ofdominant position;agreements between competitors; refusal to comply;price maintenance; otherrestrictive trade practices;deceptive marketing practices; specialization agreements; delivered pricing; foreign judgments, law, and directives that "adversely affect economic activity in Canada;" and refusals to supply by foreign suppliers.^[2]

The Tribunal is headed by a Chairperson, currently Andrew D. Little, who was appointed on April 30, 2022, which he will serve until November 4, 2027.^[3]

The Tribunal is one of two Canadian federal organizations responsible for competition law and theCompetition Act, with the other being theCompetition Bureau. The vast majority of cases are resolved by the Bureau prior to reaching the Tribunal.^[4]

The Tribunal was founded as theRestrictive Trade Practices Commission, which was empowered to investigate suspected offenses under theCombines Investigation Act.^[1][5][6]

In 1986, theGovernment of Canada enacted major reforms of Canada'scompetition law by introducing simultaneously theCompetition Tribunal Act^[7] and theCompetition Act,^[8] the latter of which would replace theCombines Investigation Act.^[5][6] TheCompetition Act dissolved the Restrictive Trade Practices Commission and created the Competition Tribunal and theCompetition Bureau. Unlike the Commission, the Competition Tribunal has no authority to investigate offenses, as investigations are now the responsibility of the Competition Bureau to carry.^[4] Rather, the Tribunal simply can make findings and issue remedial orders.^[1]

On June 30, 1986, Justice Barbara Reed was designated by theGovernor in Council as the Tribunal's first Chairperson. In 1993, JusticeWilliam McKeown became the second Chairperson, holding the position until 2002.^[5]

In 2002, various changes were made to theCompetition Act and theCompetition Tribunal Act. Private parties were given the right to initiate proceedings before the Tribunal in certain cases. The Tribunal could also hearreferences filed pursuant to section 124.2 of theCompetition Act and award costs of proceedings before it.^[5]

The Tribunal has a hybrid composition, made up of both judicial members from theFederal Court and expert lay people, i.e., "non-judicial members who are knowledgeable in economics, industry, commerce or public affairs."^[5][4] Members are appointed byGovernor in Council for fixed terms of up to seven years (reappointment is also allowed), with judicial members on the recommendation of theMinister of Justice, and lay members on the recommendation of theMinister of Innovation, Science and Industry.^[3]

Judges adjudicate issues of law, while judges and lay people may adjudicate issues of mixed law and fact.^[4] The Tribunal's decisions may be appealed to theFederal Court of Appeal.^[4]

The Tribunal is headed by a Chairperson, who also decides the allocation of work of the Tribunal members.^[5] The Chairperson is appointed by the Governor in Council from one of the judicial members.^[3]

Matters before the Tribunal are usually ofnational interest. The Tribunal hears cases that deal with such matters asbusiness mergers; abuse ofdominant position;agreements between competitors; refusal to comply;price maintenance; otherrestrictive trade practices;deceptive marketing practices; specialization agreements; delivered pricing; foreign judgments, law, and directives that "adversely affect economic activity in Canada;" and refusals to supply by foreign suppliers.^[2]

As of 2012, the Competition Tribunal had adjudicated only six contested merger cases.^[4] The vast majority of cases are resolved by theCompetition Bureau prior to reaching the Tribunal.^[4]

In 2015, the Tribunal ruled in favour of theCanadian Real Estate Association in a case brought by the Bureau.^[9] The Bureau argued that a number of restrictions imposed by the CREA on private sellers hoping to list their homes onmultiple listing service were contrary to a 2010 deal.^[9] The Tribunal later scheduled a rehearing on the issue in September 2015.^[10]

• Competition Tribunal website

• Canadian tribunals
• Canadian competition law
• 1986 in Canadian law
• Canadian business law
• Consumer organizations in Canada
• Competition courts and tribunals

• Articles with short description
• Short description matches Wikidata
• Articles containing French-language text
• Pages using infobox mapframe with missing coordinates
• Pages using embedded infobox templates with the title parameter
• Articles containing potentially dated statements from 2023
• All articles containing potentially dated statements