Competition Tribunal Refuses Private Litigant In Refusal To Deal Case

The Canadian Competition Tribunal (Tribunal) issued its reasons for denying an application in a recent "refusal to deal" case. The case, Audatex Canada, ULC v. CarProof Corporation, is notable because it emphasizes the need for private litigants to present "non-speculative, cogent evidence" at the very outset of their case.

SUMMARY

Audatex, a supplier of automotive data to insurance companies, sought leave of the Tribunal to bring an application to compel parties with access to automotive listings data to supply Audatex with the listings data. Audatex alleged that the respondents had engaged in a "refusal to deal."

The Tribunal applied prior case law to assess whether Audatex had presented evidence showing the "existence of reasonable grounds for a belief" that Audatex could satisfy each of the elements of a "refusal to deal" case. This includes an obligation to demonstrate that Audatex was directly and substantially affected in its business as a result of the