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ARTICLE · 04 MAY 2016

Commissioner Successful In Toronto Real Estate Board (TREB) Abuse Case

McCarthy Tétrault
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On April 28, 2016, the Competition Tribunal (Tribunal) announced that it had partially granted the Commissioner of Competition's (Commissioner) abuse of dominance application...

CanadaAntitrust/Competition Law
Jonathan Bitran
Jonathan Bitran
Donald Houston
Donald Houston
Dominic Thérien
Dominic Thérien
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On April 28, 2016, the Competition Tribunal (Tribunal) announced that it had partially granted the Commissioner of Competition's (Commissioner) abuse of dominance application against the Toronto Real Estate Board (TREB). The remedy will be determined following a separate hearing. In order to protect confidential information, the reasons for the decision will not be released until a public version is available.1 We will issue a further update at that time.

The Tribunal found that TREB's restrictions on the multiple listing service (MLS) information its real estate agent members are allowed to post on the internet constituted abuse of dominance. The Tribunal agreed with the Commissioner's position that these restrictions substantially reduce the degree of non-price competition in the supply of residential real estate brokerage services in the GTA. The Tribunal concluded that TREB's rules had a considerable adverse impact on innovation, quality and the range of

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