Competition Tribunal Dismisses Abuse Case Against Toronto Real Estate Board

On April 15, 2013, the Competition Tribunal (Tribunal) released its decision in the high-profile case against Toronto Real Estate Board (TREB) regarding access to the Toronto Multiple Listing Service system (Toronto MLS system). The Tribunal held that because TREB (a trade association) does not compete with its members, its actions in relation to those members are not subject to review under the abuse of dominance provision of the Competition Act (Act).

Background

In May 2011, the Commissioner of Competition (Commissioner) initiated abuse of dominance proceedings against the TREB under section 79 of the Act, alleging that TREB was using its control of the Toronto MLS System to enforce certain rules that limit the use of the Toronto MLS System and related data on the Internet by TREB's member agents. The Commissioner further alleged that TREB's rules substantially prevent and lessen competition in the market for the supply of residential real estate brokerage