The “public interest” private right of access to the Competition Tribunal has become very popular since it came into force last June, with six applications for leave to date. For background, private litigants can now seek leave from the Tribunal to enforce these civil provisions of the Competition Act. If successful, the Tribunal can award administrative monetary penalties (up to 3% of global gross revenue), reimbursements to affected purchasers (up to the full purchase price), among other remedies.
Up until now, all of these applications have claimed civil abuse of a dominant market position, but on Friday the Tribunal received its first substantive application alleging civil deceptive marketing practices … but it came with an unusual twist. The application alleges deceptive regular price claims, which is not new as it mirrors the Competition Bureau’s enforcements over the past decade, but in an unconventional development, the allegations from Whitecap Partnership concern the busines
