CASE COMMENTS : EUROPEAN AND FOREIGN CASE LAW - CANADA – ABUSE OF DOMINANT POSITION – ANTICOMPETITIVE ACT – NEGATIVE EFFECT ON A COMPETITOR – EXCLUSIVE ABUSE
Canada: The Competition Tribunal rules that without exclusion of a competitor there is no abuse of dominant position (Toronto Real Estate Board)
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In a long-awaited judgment that turned out to be the most summary judgment in a contested case since its creation (8 p.), the Competition Tribunal (the Tribunal) dismissed, on April 15, 2013, the application of the Commissioner of Competition (the Commissioner) based on the abuse of dominance provision (section 79 L.c.) involving the Toronto Real Estate Board (TREB). A real estate board that imposes restrictions on its members with respect to the disclosure of transaction information
The TREB is a trade association, the largest real estate board in Canada, with more than 35,000 member-agents. It owns and operates the Toronto Multiple Listing Service (MLS),
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