Competition Tribunal

Last updated
Competition Tribunal
French: Tribunal de la concurrence
Judge term length7 years
Number of positions4
Type of tribunalTribunal
Chairperson
CurrentlyAndrew D. Little
SinceApril 30, 2022
Lead position endsNovember 4, 2027
Judicial Members
Currently
Lay Members
Currently
  • Dr. Wiktor Askanas
  • Binah Nathan
  • Dr. Stephen Law
  • Dr. Ted Horbulyk
  • Ramaz Samrout
Tribunal overview
Preceding Tribunal
  • Restrictive Trade Practices Commission
Key documents
Website ct-tc.gc.ca

The Competition Tribunal (French : Tribunal de la concurrence) is the federal adjudicative body in Canada responsible for cases regarding competition laws under the Competition Act . [1]

Contents

The Tribunal hears cases that deal with such matters as business mergers; abuse of dominant position; agreements between competitors; refusal to comply; price maintenance; other restrictive trade practices; deceptive marketing practices; specialization agreements; delivered pricing; foreign judgments, law, and directives that "adversely affect economic activity in Canada;" and refusals to supply by foreign suppliers. [2]

The Tribunal is headed by a Chairperson, currently Andrew D. Little, who was appointed on April 30, 2022, which he will serve until November 4, 2027. [3]

The Tribunal is one of two Canadian federal organizations responsible for competition law and the Competition Act, with the other being the Competition Bureau. The vast majority of cases are resolved by the Bureau prior to reaching the Tribunal. [4]

History

The Tribunal was founded as the Restrictive Trade Practices Commission, which was empowered to investigate suspected offenses under the Combines Investigation Act . [1] [5] [6]

In 1986, the Government of Canada enacted major reforms of Canada's competition law by introducing simultaneously the Competition Tribunal Act [7] and the Competition Act , [8] the latter of which would replace the Combines Investigation Act. [5] [6] The Competition Act dissolved the Restrictive Trade Practices Commission and created the Competition Tribunal and the Competition Bureau. Unlike the Commission, the Competition Tribunal has no authority to investigate offenses, as investigations are now the responsibility of the Competition Bureau to carry. [4] Rather, the Tribunal simply can make findings and issue remedial orders. [1]

On June 30, 1986, Justice Barbara Reed was designated by the Governor in Council as the Tribunal's first Chairperson. In 1993, Justice William McKeown became the second Chairperson, holding the position until 2002. [5]

In 2002, various changes were made to the Competition Act and the Competition Tribunal Act. Private parties were given the right to initiate proceedings before the Tribunal in certain cases. The Tribunal could also hear references filed pursuant to section 124.2 of the Competition Act and award costs of proceedings before it. [5]

Members

The Tribunal has a hybrid composition, made up of both judicial members from the Federal Court and expert lay people, i.e., "non-judicial members who are knowledgeable in economics, industry, commerce or public affairs." [5] [4] Members are appointed by Governor in Council for fixed terms of up to seven years (reappointment is also allowed), with judicial members on the recommendation of the Minister of Justice, and lay members on the recommendation of the Minister of Innovation, Science and Industry. [3]

Judges adjudicate issues of law, while judges and lay people may adjudicate issues of mixed law and fact. [4] The Tribunal's decisions may be appealed to the Federal Court of Appeal. [4]

The Tribunal is headed by a Chairperson, who also decides the allocation of work of the Tribunal members. [5] The Chairperson is appointed by the Governor in Council from one of the judicial members. [3]

Current Members, as of 2023 [3]
MemberFirst appointedEnd of current term
Andrew D. Little, ChairpersonNovember 5, 2020November 4, 2027
Jocelyne Gagné December 21, 2016December 20, 2023
Denis Gascon (former Chairperson)April 30, 2015April 29, 2022
Paul S. Crampton March 19, 2010April 29, 2022
Former Judicial Members [3]
MemberFirst appointedEnd of final termChairperson
Leonard MartinJune 30, 1986October 24, 1991 (resigned)
Barbara ReedJune 30, 1986October 19, 1992 (resigned)Yes
Max M. Teitelbaum June 30, 1986April 15, 1993 (resigned)
Barry Strayer June 30, 1986April 23, 1993 (resigned)
Marc Noël May 28, 1993June 25, 1998
Marshall E. Rothstein May 28, 1993January 22, 1999
William P. McKeownApril 1, 1993September 1, 2002 (retired)Yes + re-appointed
Sandra J. Simpson June 10, 1993June 9, 2014Yes + re-appointed
Marc Nadon December 16, 1998December 14, 2001
Allan Lutfy June 8, 1999September 19, 2001
François Lemieux February 26, 2002February 25, 2009 (retired)
Eleanor R. Dawson February 26, 2002December 28, 2009
Pierre Blais October 29, 2002February 20, 2008
Edmond P. Blanchard October 29, 2002November 25, 2012
Johanne Gauthier November 26, 2009October 21, 2011
Robert M. MainvilleNovember 26, 2009June 18, 2010
André F.J. Scott September 29, 2011January 31, 2014
Donald J. Rennie May 3, 2012February 27, 2015Yes
Robert L. Barnes April 30, 2015April 29, 2021

Cases

Matters before the Tribunal are usually of national interest. The Tribunal hears cases that deal with such matters as business mergers; abuse of dominant position; agreements between competitors; refusal to comply; price maintenance; other restrictive trade practices; deceptive marketing practices; specialization agreements; delivered pricing; foreign judgments, law, and directives that "adversely affect economic activity in Canada;" and refusals to supply by foreign suppliers. [2]

As of 2012, the Competition Tribunal had adjudicated only six contested merger cases. [4] The vast majority of cases are resolved by the Competition Bureau prior to reaching the Tribunal. [4]

In 2015, the Tribunal ruled in favour of the Canadian Real Estate Association in a case brought by the Bureau. [9] The Bureau argued that a number of restrictions imposed by the CREA on private sellers hoping to list their homes on multiple listing service were contrary to a 2010 deal. [9] The Tribunal later scheduled a rehearing on the issue in September 2015. [10]

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References

  1. 1 2 3 Trebilcock, Michael J. (2003-01-01). The Law and Economics of Canadian Competition Policy. University of Toronto Press. ISBN   9780802086129.
  2. 1 2 Competition Tribunal (2018-09-17). "Competition Tribunal - Home". www.ct-tc.gc.ca. Retrieved 2023-04-09.
  3. 1 2 3 4 5 "Tribunal Members". Competition Tribunal. 2018-09-17. Retrieved 2023-04-09.
  4. 1 2 3 4 5 6 7 Fox, Eleanor M.; Trebilcock, Michael J. (2012-12-20). The Design of Competition Law Institutions: Global Norms, Local Choices. OUP Oxford. ISBN   9780191648960.
  5. 1 2 3 4 5 6 "Competition Tribunal - History". www.ct-tc.gc.ca. Retrieved 2023-04-09.
  6. 1 2 Office of the Deputy Minister, Competition Bureau. "Competition Law in a Global and Innovative Economy — A Canadian Perspective —Session 1: Competition Law, Innovation and Economic Development: Experience Sharing by Mature Agencies". Competition Bureau. Government of Canada. Retrieved 2016-02-08.
  7. ↑ Competition Tribunal Act , R.S.C. 1985, c. 19 (2nd Supp.)
  8. ↑ Competition Act , R.S.C. 1985, c. C-34 ( Competition Act at Justice Laws)
  9. 1 2 "Competition tribunal's ruling a blow for home sales by owners". The Globe and Mail. Retrieved 2016-02-17.
  10. ↑ "Competition Bureau, TREB return to tribunal in home-sales data lawsuit". The Globe and Mail. Retrieved 2016-02-17.
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