Competition Tribunal Private Access Expansion: 2025 Canadian Competition Act Litigation Update

Significant amendments to the Competition Act¹ came into force on June 20, 2025, broadening the categories of conduct for which a private actor may apply to the Competition Tribunal while also introducing monetary awards as a new remedy. These changes are poised to reshape competition litigation strategy for parties that traditionally have relied on the Competition Bureau or civil causes of action before the courts.

Historic Enforcement of the Competition Act

Anticompetitive conduct in Canada has primarily been addressed through public enforcement, rather than private litigation. The Act regulates anti-competitive conduct through both criminal offences (such as conspiracy, bid-rigging and materially false or misleading representations) and civilly reviewable practices (such as abuse of dominance, anti-competitive agreements, and deceptive marketing practices).