Amendments To Canada's Abuse Of Dominance Regime

In mid-December, Bill C-56, the Affordable Housing and Groceries Act, became law. Among other changes, which we will discuss in subsequent bulletins, the law introduces significant amendments to the abuse of dominance regime under the Competition Act (the "Act"). With these amendments, the elements needed to establish abuse of dominance have been reduced and the scope of potentially abusive behaviour has been expanded, both through revisions to the substantive test for establishing abuse of dominance and the explicit inclusion of excessive pricing - a form of exploitative conduct - as an anti-competitive act. The amendments also both adjust the quantum of possible financial penalties for certain infringements, and distinguish the remedies available based on the type of infringement established.