Competition Tribunal Renders A Decision In The Toronto Real Estate Board Case

After five years of back and forth at various levels of court, the Competition Tribunal has rendered a decision in the Toronto Real Estate Board case, partially granting the application brought by the Commissioner of Competition pursuant the abuse of dominance provision ( section 79) of the Competition Act.    

As mentioned in our earlier blog posts, the Commissioner's application involves a challenge by the Commissioner against TREB for allegedly abusing its dominance under section 79 of the Competition Act in relation to membership rules governing the use by members of certain of the board's multiple listing service® (MLS®) listing data. In particular, the Commissioner alleged that TREB's rules restricted the manner in which real estate brokers and salespersons may display and use certain MLS® data.