Private access to the Competition Tribunal (s. 103.1)

A franchisee meets this term when a supply, tying or territory restriction in its system may be conduct the Tribunal can review and it wants the Tribunal to hear the matter. Section 103.1(1) says any person may apply to the Tribunal for leave to make an application under section 74.1, 75, 76, 77, 79 or 90.1. See franchise territory and encroachment.

Leave and the Commissioner

The Competition Bureau explains that when a private party applies for leave, the Commissioner must be notified and shall certify whether the matter is currently under inquiry. For applications under s. 75, 77, 79 or 90.1, s. 103.1(7) lets the Tribunal grant leave if it has reason to believe the applicant is directly and substantially affected in the whole or part of its business by the conduct, or if it is satisfied that it is in the public interest to do so. The section sets different tests for s. 74.1 and s. 76. Under s. 103.1(4), the Tribunal is not to consider an application for leave on a matter that is under the Commissioner’s inquiry, was the subject of an inquiry discontinued by a settlement, or is already before the Tribunal on the Commissioner’s application. Compare market restriction.

What to ask

• Which section of the Act does the conduct fall under?
• Is the matter under inquiry by the Commissioner?
• Is the business directly and substantially affected by the conduct?