The Competition Bureau of Canada has reached a consent agreement with Kalibrate to mitigate competition concerns related to its data analytics product, which collects and distributes detailed information from gas stations across Canada.

A review by the Bureau found that Kalibrate's Market Intelligence product allowed competitors to access confidential data, such as the volume of fuel sold by individual retailers. This sharing of sensitive information was deemed to weaken competition among gas stations and constituted an abuse of Kalibrate's dominant position in the market.

To address these concerns, Kalibrate has agreed to modify its data-sharing practices. The consent agreement mandates that Kalibrate will cease sharing retailer-specific information that could disclose a competitor's sales or pricing strategies. Instead, it will only provide aggregated market data that does not identify individual retailers and will implement a time delay before sharing this data.

Access to detailed competitor information can lead to less aggressive competition among retailers, potentially resulting in higher prices for consumers. The Bureau emphasizes the importance of maintaining vigorous competition in the retail gasoline sector to benefit Canadians through lower prices and greater choice.

This case marks the first application of the restructured abuse of dominance provisions introduced in the 2023 amendments to the Competition Act, showcasing the Bureau's commitment to protecting competition in the marketplace.