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Toronto MLS decision under appeal

The Competition Bureau has filed an appeal with the Federal Court of Appeal today, seeking to overturn the Competition Tribunal’s ruling in the Toronto Real Estate Board's ‘abuse of dominance’ matter.

“The Bureau believes that the Tribunal’s ruling was based on an overly narrow interpretation of section 79 of the Competition Act — the ‘abuse of dominance’ provision. The Tribunal ruled that TREB, as an incorporated trade association, does not compete with its own members in the real estate brokerage market and therefore cannot be found to have contravened the abuse of dominance provision,” says the Bureau in a news release.

“Allowing the Tribunal’s finding to stand could leave a significant loophole in the application of the Competition Act,” says Interim Commissioner of Competition John Pecman in the release. “While most trade associations comply with the Competition Act, we are concerned that, if the Tribunal’s decision is left to stand, trade associations may be tempted to develop rules aimed at preventing or eliminating potential new forms of competition.”

Pecman says: “We believe that the Competition Tribunal erred in dismissing our application and in not ruling on the facts of the case. Tt is our view that TREB’s anti-competitive behaviour continues to restrict potential homebuyers and sellers from taking advantage of a greater range of service and pricing options when making one of the most significant financial transactions of their lives.”

May 14, 2013 in Competition Bureau / CREA, Competition Tribunal | Permalink

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