Competition Tribunal Denies Leave In First Decision Under New Public-interest Test For Private Applicants

Key Takeaways

• Recent amendments opened new enforcement pathways for private applicants, allowing them to seek remedial orders for anti-competitive behaviour.
• The Tribunal adopted a test that for leave that focused on three core questions, derived from long-standing Canadian jurisprudence on public-interest standing.
• Despite denying leave, the Tribunal clarified the test for future private enforcement cases, indicating a more predictable path for applicants.

On January 13, 2026, the Competition Tribunal (the Tribunal) released its decision on the public-interest leave application in the proposed private enforcement action against Apple and Google in Martin v. Alphabet Inc., Google LLC, Google Canada Corporation, Apple Inc., and Apple Canada Inc.¹ The Tribunal's decision marks a crucial moment for private competition law enforcement in Canada, as it is the first case to interpret and apply the recently expanded leave test for private applicants seeking