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Restrictive trade practices—Cases and outcomes

Below is a searchable table listing all of the Bureau’s public investigations since 2015 and their outcomes. For more information on a case, click the link in the table.

To view earlier Bureau announcements, please visit our News releases section.

If you cannot find the case you're looking for, you may also consult the following lists:

Restrictive trade practices – Cases and outcomes
Date Product/
Service
Company/
Individual
Status Summary Result Hidden Search Terms
October 22, 2021 Online display advertising Google Ongoing Investigating whether Google has engaged in certain practices that harm competition in the online display advertising industry in Canada. This industry is made up of various technology products that are used to display advertisements to users when they visit websites or use apps.

Obtained court orders requiring Google to produce records and written information relevant to the Bureau’s investigation.

The investigation is ongoing and there is no conclusion of wrongdoing at this time.

Google, competition, advertising industry, technology products
August 14, 2020 Broadband internet services Amazon Ongoing The Bureau is examining whether Amazon is engaging in conduct on its Canadian marketplace, Amazon.ca, that is impacting competition to the detriment of consumers and companies that do business in Canada.

The Bureau has invited sellers and businesses to confidentially submit relevant information to the Bureau regarding their experiences with Amazon.

The investigation is ongoing and there is no conclusion of wrongdoing at this time.

Amazon, competition, investigation
April 2, 2020 Generic drugs Otsuka Closed The Bureau investigated a complaint alleging that Otsuka restricted a generic drug manufacturer from accessing samples of its branded product, Jinarc. The complaint alleged that actions by Otsuka prevented or delayed the entry of competing generic drugs to the market.

Shortly after the launch of the investigation and after the Bureau applied to the Federal Court for an order requiring Otsuka to produce information, Otsuka provided a supply of Jinarc to the generic manufacturer, and in doing so, resolved the Bureau’s concerns.

The Bureau issued a warning to the pharmaceutical industry regarding this conduct. For more information, consult our position statement.

Otsuka, generic drug, drugs
February 12, 2020 Agricultural products BASF, Bayer-Monsanto, Cargill, Corteva, Federated Coop, Univar Solutions and Winfield Ongoing Allegations that a number of manufacturers and wholesalers of seeds and crop protection products (such as insecticides, fungicides and herbicides) have anti-competitively refused to supply or restricted supply to Farmers Business Network Canada.

Obtained court orders requiring certain manufacturers and wholesalers, and their affiliates, to produce records and written information relevant to the Bureau’s investigation.

The investigation is ongoing and there is no conclusion of wrongdoing at this time.

insecticides, fungicides, herbicides
October 17, 2019 In-flight catering Vancouver Airport Authority Closed Allegations of abuse of dominance: restrictive practices that decrease competition among in-flight catering companies at the Vancouver International Airport.

In 2016, the Bureau sought a court order against VAA requiring it to grant airport access to new entrant in-flight catering firms to serve airline customers, subject to certain customary requirements.

In 2019, the Competition Tribunal issued a decision dismissing the Bureau’s application (see Decision no. 429). The Bureau decided not to appeal the decision.

Airport, in-flight, airline
September 19, 2019 Water heater rentals Enercare Closed Allegations of abuse of dominance in water heater rental contracts and return practices.

Evidence did not establish return practices as anti-competitive, and evidence did not clearly demonstrate rental contracts substantially lessen or prevent competition.

For more information, consult our position statement.

water heater, rental, contracts
July 19, 2019 Vaccines Vaccine manufacturer Closed Allegations of abuse of dominance concerning a restriction of off label use of a vaccine by public health authorities.

No contravention of the Act given that the alleged conduct did not materialize.

A position statement was issued to provide guidance to the pharmaceutical industry regarding this type of conduct.

pharmaceutical industry, health authorities, Vaccine manufacturer
Feb 20, 2019 Biosimilar drugs Janssen Closed Allegations of abuse of dominance, including predatory pricing.

Insufficient evidence that the conduct has substantially lessened or prevented competition. The Bureau continues to closely monitor conduct in the market.

For more information, consult our position statement.

predatory pricing, Biosimilar drugs, Janssen
Dec 20, 2018 Generic drugs Celgene, Pfizer Canada and Sanofi-Aventis Canada Closed Allegations of abuse of dominance, including restricting access to samples of brand name drugs.

Insufficient evidence that the conduct has substantially lessened or prevented competition.

For more information, consult our position statement.

Pfizer Canada, Sanofi-Aventis, Generic drugs
Aug 23, 2018 Real estate Toronto Real Estate Board (TREB) Closed Restrictions on members’ access to and use of real estate data.

Competition Tribunal order was upheld by the Supreme Court requiring TREB to remove restrictions on its members’ access and use of real estate data.

For more information about the case, consult our backgrounder.

Pfizer Canada, Real estate, TREB
Jan 17, 2018 Travel Softvoyage Closed Allegation of restrictive terms in contracts.

A consent agreement was reached not to enforce several types of exclusionary and restrictive contract terms.

For more information, consult our position statement.

Softvoyage, Travel, contracts
Nov 21, 2017 Grocery products Loblaw Closed Allegations of abuse of dominance, in respect of certain policies imposed on its suppliers.

Insufficient evidence that the conduct substantially lessened or prevented competition.

For more information, consult our position statement.

Grocery products, policies, suppliers
Sept 14, 2017 Electronic financial transactions Interac Closed Request to change consent agreement to allow for more flexibility to invest. A new consent agreement was registered with the Competition Tribunal on October 20, 2018. Electronic financial transactions, Interac, consent agreement
Jan 6, 2017 Technology Apple Closed Allegations of restrictions/obligations imposed on wireless carriers in order to sell and market iPhones to Canadian consumers.

Insufficient evidence that the conduct has substantially lessened or prevented competition.

For more information, consult our position statement.

iPhones, restrictions, obligations
Nov 21, 2016 Securities market data TMX Closed Allegations of restrictive trade practices – contract clauses that prevent investment dealers from sharing private market data with third parties.

Insufficient evidence that the conduct substantially lessened or prevented competition.

For more information, consult our position statement.

Securities market data, data, restrictive trade practices
Apr 19, 2016 Online search, search advertising and display advertising Google Closed Allegations of anti-competitive conduct related to online search, search advertising and display advertising services.

Investigation discontinued in light of Google’s commitment to change anti-competitive terms and conditions included in its contracts. In addition, there was insufficient evidence that the other alleged conduct resulted in a substantial lessening or prevention of competition, or was done with an anti-competitive purpose.

For more information, consult our position statement.

Google, anti-competitive conduct, anti-competitive purpose
October 30, 2015 Residential water heaters Direct Energy Closed Allegations of abuse of dominant position related to anti-competitive water heater return policies and procedures.

A consent agreement was reached, which included an administrative monetary penalty of $1 million.

Background on the case

Residential water heaters, water heaters, anti-competitive
Mar 13, 2015 Medical products (insulin pumps) Medtronic of Canada Ltd Closed Allegations that warranty terms limited the ability of rival companies to enter the market for complementary products and limited the choices available to patients. Medtronic agreed to amend warranty terms relating to use with non-Medtronic equipment. Medical products, insulin pumps, Medtronic
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