Damage Control: Abuse of Dominance and the State of Private Remedies in the Competition Act
Report of the C.D. Howe Institute Competition Policy Council
The federal government should cautiously expand the kinds of anti-competitive acts that private parties – and not just the Competition Bureau – can take legal action against in Canada to include abuses of dominance. However, the government should not otherwise lower existing thresholds for private parties to commence proceedings to enforce competition laws and should make no more than incremental changes to private rights of action. Although there was considerable difference of opinion regarding the extent and benefits of private party interventions, this is the majority view of the C.D. Howe Institute’s Competition Policy Council, which held its twelfth meeting on October 11, 2016.