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Europe steps up its fight against fraud
European watchdogs have long been focusing on enforcement against corporate crime with a great focus on anti-corruption, economic sanctions and money laundering.
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Global | Publication | May 2016
The Competition Tribunal ruled in favour of the Commissioner of Competition in the ongoing abuse of dominance case against the Toronto Real Estate Board (TREB).1
The TREB is a trade association whose members include most real estate agents in Toronto. It restricts how its members can provide information to their customers, which the commissioner argued is an abuse of dominance contrary to section 79 of the Competition Act.
In April 2013 the tribunal concluded that because TREB’s actions did not affect competitors, its conduct did not fall within the scope of section 79.2The decision was appealed to the Federal Court of Appeal, which found that the tribunal’s interpretation of a leading dominance case, Canada Pipe,3was incorrect, and as a result the court ordered the tribunal to reconsider its decision on the merits.4 Additional background information, and our commentary on the tribunal and Federal Court of Appeal’s decision, is available online.
The tribunal determined that the commissioner established the three elements of section 79:
Importantly for the commissioner’s ongoing discussions of innovation and the digital economy, the tribunal noted that the anti-competitive effects include “a considerable adverse impact on innovation, quality and the range of residential real estate brokerage services.”5
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European watchdogs have long been focusing on enforcement against corporate crime with a great focus on anti-corruption, economic sanctions and money laundering.
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The Digital Markets, Competition and Consumers Act (DMCC Act) received Royal Assent on 24 May 2024 and is generally expected to come into force in autumn this year.
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Head of Legal Operations, Stephanie Hamon, will be joining the panel discussion on "Simplifying Legal Tech Adoption and Implementation" at the Legal Tech Talk conference on June 13th (3:30 - 4:15 PM).
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