Canada’s TREB Decision on Abuse of Dominance: Points of Possible Divergence

By Randall Hofley –

The recent Canadian Competition Tribunal decision in Commissioner of Competition v. Toronto Real Estate Board provides a detailed outline of each element of Canadian abuse of dominance law and, while generally consistent with analogous U.S. and European Commission law, some potential differences arise, most notably as regards anticompetitive intent, the participation of the target in the relevant market and the role of intellectual property rights.

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