Are Exclusive Covenants About To Become Extinct?

In October 2022, the federal Competition Bureau (the "Bureau") launched a market study of grocery store competition in Canada in response to cries from the Canadian public for lower prices, more convenience and greater innovation. The Bureau is an agency created under the auspices of the Competition Act (the "Act"), and it describes itself as the "watchdog" of competition. The role of the Bureau is to monitor whether commercial competitors are complying with the Act and to bring parties in front of the Competition Tribunal (the "Tribunal") if they are not. The Tribunal is the federal adjudicative body in Canada responsible for cases regarding infringements upon the Act. The Act contains both criminal and civil provisions aimed at preventing anti-competitive practices in the marketplace and empowers the Bureau and Tribunal to investigate, monitor and adjudicate anti-competitive matters.