Revised Abuse Of Dominance Guidelines Bring Welcome And Noteworthy Guidance On Numerous Issues

In this Update

• On March 7, 2019, the Competition Bureau (Bureau) released updated Abuse of Dominance Enforcement Guidelines.
• The Guidelines provide a detailed outline of the Bureau's approach to the abuse of dominance provisions in section 79 of the Competition Act.
• The Guidelines indicate the Bureau's view that parallel, albeit unilateral, conduct by competitors in relatively concentrated markets may ground a finding of joint dominance.
• The meaning of "plausible competitive interest" remains unclear.
• The Guidelines confirm that when determining whether an act is anti-competitive, the "purpose of an act may be established directly by evidence of subjective intent, inferred from the reasonably foreseeable consequences of the conduct, or both."