CANADA Law and Practice Contributed by: David Gadsden, Brendan O’Grady and Anton Rizor, Baker McKenzie
12. Appeals 12.1 Basis of Appeal Appeals
Competition Tribunal under Section 103.1 of the Com - petition Act. As of June 2025, private parties may seek leave to bring applications in respect of two addition - al categories of anti-competitive conduct under the Competition Act: civil anti-competitive agreements and civil deceptive marketing practices. The reforms also permit the Tribunal, in certain circumstances, to award an amount not exceeding the value of the ben - efit derived from the impugned conduct. Zero-Priced Markets An emerging challenge is the application of traditional competition law tools to zero-priced markets, where consumers do not pay a monetary price for a prod - uct or service and instead provide attention, personal data or other forms of value. Digital platforms, search engines and social media services frequently oper - ate in such markets. A key unresolved question is how courts and competition authorities should apply the hypothetical monopolist test, which traditionally examines the effects of a small but significant non- transitory increase in price, where no monetary price exists. This issue is likely to drive further jurispruden - tial and potentially legislative developments. Cross-Border Litigation Canada’s mature class action regime and increasingly international competition enforcement environment are also likely to encourage more cross-border and multi-jurisdictional competition claims.
Appeals are available in Canadian competition pro - ceedings. Decisions and orders of the Competition Tribunal may be appealed to the Federal Court of Appeal pursuant to Section 13 of the Competition Tribunal Act. Appeals on questions of law may be brought as of right, while appeals on questions of fact require leave of the Federal Court of Appeal. A further appeal may be brought to the Supreme Court of Canada with leave. Decisions of the Commissioner of Competition that are amenable to judicial review are generally reviewed by the Federal Court under Section 18.1 of the Federal Courts Act. Competition class actions and criminal proceedings follow the ordinary appellate structure, with appeals proceeding through the relevant provincial or federal courts of appeal and, where leave is granted, to the Supreme Court of Canada.
13. Looking Forward 13.1 Legislative Trends and Other Developments Expanded Private Enforcement
Canadian antitrust litigation is expected to increase following the recent expansion of private access to the
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