The Competition Bureau of Canada has issued a revised information bulletin that outlines its perspective on private access to the Competition Tribunal. This update comes in light of recent changes to the Competition Act, which have expanded the ability of individuals and businesses to seek redress for anti-competitive behavior.

The revised guidance clarifies the Bureau's stance on when it may take actions that affect Tribunal proceedings. Private access to the Tribunal is designed to complement the Bureau's enforcement efforts, allowing private parties to initiate actions themselves against anti-competitive practices.

Significant amendments to the Competition Act were made in June 2022, which included expanding private access to the Tribunal for cases related to abuse of dominance. Further changes enacted in June 2024, effective June 20, 2025, will allow applications concerning deceptive marketing and simplify the legal criteria for proceeding with such applications.

The Competition Bureau, led by the Commissioner of Competition, is tasked with enforcing Canadian competition law. It investigates potentially anti-competitive conduct and decides whether to file applications with the Tribunal or other courts. The Tribunal functions similarly to a court, hearing applications under specific provisions of the Competition Act and issuing appropriate orders.

Private access enables individuals and businesses affected by anti-competitive behavior to seek various orders from the Tribunal, providing them with a mechanism to address grievances directly.