Overview
The Competition Tribunal has released its first decision
interpreting the expanded public interest litigant regime under the
Competition Act. In doing so, the Tribunal laid out a
clear framework for public-interest litigants seeking leave to
bring competition claims.
While the applicant in Martin v Alphabet was
unsuccessful, the decision provides a roadmap for future
proceedings and, in particular, sets the stage for an upcoming
public interest claim against Apple, one of the world's largest
companies.
A public-interest legal clinic is following an international
trend of challenging Apple's control over the distribution of
apps on iPhones and iPads. If leave is granted, it will mark the
first time Canada's Competition Tribunal considers whether
Apple is anti-competitive.
