The abuse of dominance provisions have been substantially strengthened — with expanded definitions, restructured tests, and AMPs that can reach 3% of a firm's worldwide gross revenues.
The abuse of dominance provisions under section 79 of the Competition Act have been substantially strengthened by the 2022–2024 amendments. The stakes for dominant firms operating in Canada have never been higher.
The amendments have expanded the definition of anti-competitive acts, restructured the elements of the test, and introduced significant administrative monetary penalties — including the potential for penalties equal to 3% of worldwide gross revenues. The constitutionality of these provisions was upheld by the Competition Tribunal in Commissioner of Competition v. Google Canada Corporation et al, 2026 Comp Trib 10 (currently under appeal).
We advise dominant firms on compliance, risk assessment, and strategic responses to Bureau investigations and private enforcement actions. We also advise parties considering bringing abuse of dominance claims before the Competition Tribunal under the expanded private access regime effective June 2025.
For dominant firms, the entry into force of the expanded private access regime in June 2025 adds a new dimension to competition risk management — opening the door to competitor and consumer challenges before the Competition Tribunal alongside Bureau enforcement.