The author examines private access to the Competition Tribunal under section 103.1 of the Competition Act. After considering the proceedings of private parties that have taken place before the Tribunal, he analyzes the requirements that must be met in order to have access and the remedies available. Assessing these from a policy perspective, the author suggests two revisions to the Competition Act: lowering the standing requirement for individuals from having their businesses be “directly and substantially” affected to merely having their businesses be “directly and materially” affected, and expanding section 103.1 to include the possibility of bringing applications for reviewable practices falling under section 79.
Creative Commons License
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 License.
Paul Erik Veel, "Private Party Access to the Competition Tribunal: A Critical Evaluation of the Section 103.1 Experiment" (2009) 18 Dal J Leg Stud 1.