CANADA Law and Practice Contributed by: David Gadsden, Brendan O’Grady and Anton Rizor, Baker McKenzie
Baker McKenzie 181 Bay Street Suite 2100 Toronto Ontario M5J 2T3 Canada
Tel: +1 416 863 1221 Fax: +1 416 863 6275 Web: www.bakermckenzie.com
1. Introduction 1.1 Current Framework for Private Antitrust Litigation Canada’s Antitrust Litigation Framework Canada was a pioneer in competition law, becoming the first country in the world to enact modern antitrust legislation with the Anti-Combines Act, 1889, which was designed to address anti-competitive agreements and monopolistic practices. Over the following cen - tury, Canada’s competition regime evolved through a series of legislative reforms, including the Combines Investigation Act, before being fundamentally mod - ernised through the enactment of the Competition Act in 1986. Canada’s modern antitrust litigation framework is primarily governed by the Competition Act. With the exception of collective bargaining agreements (Section 4), underwriters of securities (Section 5), and amateur sports (Section 6), the Competition Act applies to all business and government activities in Canada. The Act includes civil and criminal offences and prohibits anti-competitive conduct, including car - tel agreements, bid-rigging, abuse of dominance, anti- competitive collaborations, and deceptive marketing practices. It also establishes the remedies available for violations, including damages, injunctions, and administrative monetary penalties. Competition matters are often heard by the Com - petition Tribunal, a specialised adjudicative body established under the Competition Tribunal Act. The Tribunal has jurisdiction over various civil reviewable practices under the Competition Act, including abuse
of dominance, anti-competitive agreements, refusal to deal, and certain deceptive marketing practices. The Competition Bureau, led by the Commissioner of Competition, is Canada’s federal competition law enforcement agency. Among other legislation, the Bureau is responsible for administering and enforcing the Competition Act. The Bureau investigates poten - tial violations and may bring proceedings before the Competition Tribunal or the courts. Private antitrust class actions are heard by provincial superior courts or the Federal Court. Antitrust class actions are governed by the applicable provincial class proceedings legislation or the Federal Court Rules and are commonly used to pursue damages arising from alleged cartel conduct, such as price- fixing and bid-rigging. Overview of the Most Important or Novel Antitrust Cases in Canada Please see 1.2 Recent Developments . 1.2 Recent Developments Expansion of Private Access to the Competition Tribunal Recent legislative amendments and case law have significantly expanded the role of private enforcement in Canadian antitrust law. The most important legislative development is the expansion of private access to the Competition Tri - bunal. Historically, private parties had limited ability to bring proceedings before the Tribunal. Amendments in 2025 broadened the categories of conduct for which
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