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ARTICLE · 18 JUNE 2026

Competition Act Amendments And Universities/Colleges Retail Leases

Fogler, Rubinoff LLP
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Recent amendments to Canada's Competition Act now subject exclusivity clauses in commercial leases to heightened scrutiny, particularly affecting universities and colleges that lease space to retail and food service operators.

CanadaAntitrust/Competition Law
Alan J. Frank
Alan J. Frank
Aida Nabavi
Aida Nabavi
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Overview

  • Amendments to the Competition Act came into effect on December 15, 2024.
  • These changes affect exclusivity clauses and restrictive covenants in commercial leases across Canada, including leases entered into by universities and colleges with retail, food service, and other commercial operators.
  • The Competition Bureau released updated Anti-Competitive Conduct and Agreements Enforcement Guidelines on October 31, 2025.

Key Concepts

  • Exclusivity Clause: Prevents a landlord from leasing to competing businesses (e.g., only one pharmacy, coffee shop, or food vendor on campus).
  • Restrictive Covenant: Restricts competition on the land (not commonly encountered in university and college leasing).

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