The Competition Tribunal's First Word On The New "Public Interest" Leave Test

In Martin v Alphabet Inc, the Competition Tribunal issued its first decision interpreting the new "public interest" branch of the leave test under subsection 103.1(7) of the Competition Act. The case arose from a proposed private application alleging abuse of dominance and an anti-competitive agreement relating to Google's default search arrangements with Apple.

While the Tribunal ultimately dismissed the leave application, the decision is significant for what it says about the scope, purpose, and limits of public-interest access to the Tribunal under the recent amendments to the Act. The decision also provides some welcome clarity to potential applicants on the test to be met to obtain leave at the Tribunal.