Private Right Of Access For Relief From Anti-competitive Harm Now In Force In Canada

The new private right of access under the Competition Act (the Act) came into force on June 20, 2025. Under this new provision, private parties will have significantly expanded access to the Competition Tribunal (the Tribunal) to seek behavioural and monetary relief in respect of a range of reviewable conduct under the Act. This new right of access is available to individuals and businesses (including competitive rivals), as well as public-interest organizations. A private party must still obtain "leave" (i.e., judicial permission) from the Tribunal to bring a proceeding, but Parliament has liberalized the existing test for leave to encourage more private enforcement of the Act.