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Canada: After filing mistake, Commission defeated by realtors

By  |  April 16, 2013

In a costly mistake for the firmer competition authority of Ottawa, Canada’s Competition Tribunal ended a high-profile case by ruling against the watchdog and in favor of the Toronto Real Estate Board. According to reports, it was a filing technicality that determined the case’s result, as a suit filed by the commission against the real estate board was filed under the wrong section of the Competition Act. Interim Commissioner of Competition John Pecman said his office is “disappointed” by the decision, which was made public by the tribunal this week. According to the ruling, the allegations of anticompetitive practices were filed under the 2012 Abuse of Dominance Guidelines; the tribunal noted that the proper filing would have fallen under Section 90 of the Act, which concerns behavior by trade associations. Pecman announced that his office will review their next options.

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