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ARTICLE · 26 MAY 2021

A Private Right Of Action For Abuse Of Dominance

Affleck Greene McMurtry LLP
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David Vaillancourt was invited by the C.D. Howe Institute to submit an "Intelligence Memo" concerning his views on a private right of access for abuseThe abuse of dominance provisions of the Competition Act have historically been under-enforced. of dominance proceedings in Canada.

CanadaAntitrust/Competition Law
David N. Vaillancourt
David N. Vaillancourt
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Re: A Private Right of Action for Abuse of Dominance

The abuse of dominance provisions of the Competition Act have historically been under-enforced. Harmful conduct by monopolists has gone unchecked for too long. The Canadian abuse of dominance regime is not working and needs to be overhauled.

Currently, the Commissioner of Competition is the only one who can bring abuse of dominance proceedings against Canadian monopolists. The abuse of dominance provisions of the Competition Act should be amended to allow private litigants to do so as well.

Abuse of dominance involves acts undertaken by a dominant firm against competitors that substantially lessens or prevents competition. A "dominant firm" (a monopolist) generally means a firm with more than 50-percent market share. Abuse of dominance is about a monopolist using its position to squeeze out the competition and maintain or enhance its own market power.

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