Competition Tribunal
The Competition Tribunal is an federal adjudicative body in Canada that makes findings in regard to competition laws under the Competition Act.
The tribunal was first known under its former name, the Restrictive Trade Practices Commission. The Commission was empowered to investigate suspected offenses under the Combines Investigation Act, the precursor to the modern Competition Act.
In 1986, the Government of Canada introduced simultaneously the Competition Act and the Competition Tribunal Act. The 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. Rather, it simply can make findings and issue remedial orders. The Competition Bureau carries out investigations.
The Tribunal is made up of both judges and expert lay people. Judges adjudicate issues of law, while judges and lay people may adjudicate issues of mixed law and fact. The Tribunal's decisions may be appealed to the Federal Court of Appeal.
As of 2012, the Competition Tribunal had adjudicated only six contested merger cases. The vast majority of cases are resolved by the Bureau prior to reaching the Tribunal.
In 2015, the Tribunal ruled in favour of Canadian Real Estate Association in a case brought by the Bureau. 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. The Tribunal later scheduled a rehearing on the issue in September 2015.
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