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SPLC Updates

Summary Policy and Legal Competition Updates — timely analysis on Canadian competition law for Canadian and American practitioners.

Abaki Law publishes timely analysis on Canadian competition law for Canadian and American practitioners. Our articles are written for counsel advising on cross-border matters and for in-house teams navigating Canada's rapidly evolving competition law landscape. Every file: Rigour & Clarity.

SPLC — Summary Policy and Legal Competition Updates  ·  A nod to the Competition Act's "substantial prevention or lessening of competition" standard.
Competition Law · Legislative Reform
March 2026
Canada's Competition Act: Three Years of Transformative Reform
A practitioner's guide to the 2022–2024 amendments for Canadian and American counsel

Between June 2022 and June 2024, Parliament enacted three successive waves of amendments to Canada's Competition Act — the most sweeping overhaul of Canadian competition law since 1986. For counsel advising clients with Canadian operations, understanding the cumulative effect of these changes is now essential. This article summarizes key reforms introduced by Bills C-19, C-56, and C-59.

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Private Enforcement · Competition Tribunal
March 2026
Opening the Door, But Not Wide: Public Interest Leave After Martin v. Apple and Google
What Martin v. Alphabet tells Canadian and American counsel about the new private access regime

On January 13, 2026, the Competition Tribunal released its first decision interpreting the new public interest standing pathway under section 103.1(7) of the Competition Act. Although leave was denied, Martin v. Alphabet is the leading authority on the test for public interest standing. For practitioners advising parties considering — or facing — a private enforcement action, understanding this framework is now essential.

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Abuse of Dominance · Charter
March 2026
Regulatory, Not Penal: The Competition Tribunal Upholds Revenue-Based AMPs
The constitutional challenge to Canada's new administrative monetary penalty regime — and what the Google decision means for competition enforcement

The 2022–2024 amendments dramatically increased AMPs under the Competition Act — including penalties equal to 3% of worldwide gross revenues. Google challenged the constitutionality of these provisions in the context of the Bureau's abuse of dominance application. On March 3, 2026, the Tribunal dismissed the challenge. The decision is currently under appeal to the Federal Court of Appeal.

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