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ARTICLE · 26 MARCH 2025

To Include Or Not Include, That Is The (Real Estate) Question! Competitor Property Controls Under The New Competition Act

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The Affordable Housing and Groceries Act (Bill C-56), which came into force on Dec. 15, 2023, and Bill C-59, which received Royal Assent on June 20, 2024...

CanadaAntitrust/Competition Law
Denes Rothschild
Denes Rothschild
Joshua Abaki
Joshua Abaki
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The Affordable Housing and Groceries Act (Bill C-56), which came into force on Dec. 15, 2023, and Bill C-59, which received Royal Assent on June 20, 2024 included sweeping amendments to the abuse of dominance provisions (s.79) and the civil anti-competitive agreements provisions (s.90.1) of the Competition Act (Act) which are forcing parties to consider new factors in negotiating the terms of various real estate agreements nationwide. A clear impetus of the changes is concern about the impact of property controls in real estate agreements (Property Controls) that could restrict competition in the retail sector.1

Following these amendments, the Competition Bureau (the Bureau) issued preliminary guidelines outlining its enforcement approach to "Competitor Property Controls" under the Act (Preliminary Guidelines) and has already taken enforcement action utilising the revised provision. As we discuss below, in 2024 the Commissioner commenced inquiries into major

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