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ARTICLE · 17 OCTOBER 2024

The Cineplex Decision – A New Chapter Opens In Canadian Competition Law

Goodmans LLP
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The Competition Tribunal released its reasons in Commissioner v. Cineplex on October 3, 2024. It is the first decision under the Competition Act's "drip pricing" misleading...

CanadaAntitrust/Competition Law
Michael Koch
Michael Koch
Monique McAlister
Monique McAlister
David Rosner
David Rosner
Josh Zelikovitz
Josh Zelikovitz
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The Competition Tribunal released its reasons in Commissioner v. Cineplex on October 3, 2024. It is the first decision under the Competition Act's "drip pricing" misleading advertising provision, which was added in 2022. This Update discusses important insights from the decision about (i) how the Competition Act's misleading advertising provisions apply to online sales portals, and (ii) how the Competition Act's reformed provisions may be enforced in the coming years.

Key takeaways:

  1. For online sales portals, the charging of mandatory additional fees that are not displayed "concurrently" with an advertised price (e.g., displayed only later in the purchasing funnel, or displayed only after scrolling down) may constitute illegal drip pricing and illegal misleading advertising.

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The content of this article does not constitute legal advice and should not be relied on in that way. Specific advice should be sought about your specific circumstances.

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