Martin v. Alphabet: Tribunal Sets The Public Interest Leave Framework—Evidence And Capacity Now The Gatekeepers

On January 13, 2026, the Competition Tribunal published its first decision interpreting the new "public interest" pathway for private access under s. 103.1(7) of the Competition Act. In Martin v. Alphabet Inc., Google LLC, Google Canada Corporation, Apple Inc., and Apple Canada Inc., the Tribunal dismissed an individual applicant's request for leave to bring abuse of dominance (s. 79) and competitor collaboration (s. 90.1) claims—while at the same time articulating what the Tribunal characterized as a flexible but meaningful framework for when public‑interest leave will be granted.

The upshot: the Tribunal identified its goal to be to broaden public access to its dispute resolution process but not at the expense of inundating respondents and the Tribunal with strategic or unmeritorious matters. A coherent evidentiary record, a demonstrated genuine interestin the underlying claim, and a credible plan and capacity to prosecute a complex case—with evidence tied to