The Competition Tribunal is a federal adjudicative body in
Canada
Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...
that makes findings in regard to
competition law
Competition law is the field of law that promotes or seeks to maintain market competition by regulating anti-competitive conduct by companies. Competition law is implemented through public and private enforcement. It is also known as antitrust l ...
s under the
Competition Act
The ''Competition Act'' is a Canadian federal law governing competition law in Canada. The Act contains both Criminal law of Canada, criminal and Civil law (common law), civil provisions aimed at preventing anti-competitive practices in the econ ...
.
Restrictive Trade Practices Commission
The tribunal was first known under its former name, the Restrictive Trade Practices Commission. The Commission was empowered to investigate suspected offenses under the ''Combines Investigation Act'', the precursor to the modern ''Competition Act''.
Competition Tribunal
In 1986, the
Government of Canada
The government of Canada (french: gouvernement du Canada) is the body responsible for the federal administration of Canada. A constitutional monarchy, the Crown is the corporation sole, assuming distinct roles: the executive, as the ''Crown ...
introduced simultaneously the ''Competition Act'' and the ''Competition Tribunal Act''.
The Act dissolved the Restrictive Trade Practices Commission and created the Competition Tribunal and the
Competition Bureau
The Competition Bureau (french: Bureau de la concurrence) is the competition regulator in Canada. It is an independent Canadian law enforcement agency that ensures that markets operate in a competitive, innovative manner.
Headed by the Comm ...
. Unlike the Commission, the Competition Tribunal has no authority to investigate offenses. Rather, it simply can make findings and issue remedial orders.
The Competition Bureau carries out investigations.
Body
The Tribunal is made up of both judges and expert lay people.
Judges adjudicate issues of law, while judges and lay people may adjudicate issues of mixed law and fact.
The Tribunal's decisions may be appealed to the
Federal Court of Appeal
The Federal Court of Appeal (french: Cour d'appel fédérale) is a Canadian appellate court that hears cases concerning federal matters.
History
Section 101 of the Constitution Act, 1867 empowers the Parliament of Canada to establish "addit ...
.
Cases
As of 2012, the Competition Tribunal had adjudicated only six contested merger cases.
The vast majority of cases are resolved by the Bureau prior to reaching the Tribunal.
In 2015, the Tribunal ruled in favour of
Canadian Real Estate Association in a case brought by the Bureau.
The Bureau argued that a number of restrictions imposed by the CREA on private sellers hoping to list their homes on
multiple listing service were contrary to a 2010 deal.
The Tribunal later scheduled a rehearing on the issue in September 2015.
References
{{reflist
External links
Competition Tribunal website
Competition law
1986 in Canadian law