Tribunal orders related to deceptive marketing practices provisions include the stopping of conduct, the payout of an administrative monetary penalty to the government, and the release of a corrective notice. In certain situations, the tribunal may order a refund to buyers of impacted products; nonetheless, this is restricted exclusively to conduct that sparks concerns under the false or misleading representations provision.
Orders can also be sought for the following:
- Refusal to deal (75)
- Price maintenance (76)
- Exclusive dealing, tied selling and market restriction (77)
- Agreements that harm competition (90.1)
The changes, which took effect on June 20, also relaxed the legal test that determines which applications can proceed, according to the Competition Bureau.
The updated bulletin outlines the circumstances under which the bureau will take actions that affect proceedings. The bulletin also confirmed that the tribunal will not hear private access applications if a formal investigation or inquiry is ongoing or if an inquiry has been discontinued due to a settlement.
Canadians have been invited to provide feedback by August 19 [email protected]. Submissions will be reproduced on the Competition Bureau’s website except if a request for confidentiality is made.