Perspective: Canadian Court Confirms No Private Right of Action for Abuse of Dominance

Download this publication August 5, 2010

A British Columbia court recently confirmed that conduct alleged to constitute an abuse of dominance under the Canadian Competition Act is not an unlawful act for a tort claim in a private action until and unless the Competition Tribunal finds a violation of the Act. Recent amendments to the Act allowing for monetary penalties for past abuse of dominance had raised the possibility that such conduct could constitute an unlawful act when it occurs, and before a finding of the Tribunal.

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