Canada : The Competition Tribunal specifies the conditions for the authorization of a private remedy based on a restrictive trade practice (Audatex Canada, ULC / CarProof)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The judgment handed down by the Competition Tribunal ("Tribunal") at the very beginning of 2016, i.e. on 4 January, provides interesting indications on the burden, the burden and the extent of the proof to be assumed by a private person, allegedly victim of a restrictive trade practice (refusal to sell: art. 75, price maintenance: s. 76 and vertical practices: s. 77), in order to claim the right of private access provided since 2002 by section 103.1 of the Competition Act (R.S.C. 1985, c. C-34, S.c.). In particular, it sets out, one by one, the elements that must be established by the person who is the victim of a refusal to sell under section 75 L.c. in