Civil offenses

The main non-criminal offences under the Competition Act and subject to review by the Competition Tribunal are:

  • Abuse of dominance
  • Misleading advertising
  • Refusal to deal
  • Price discrimination
  • Price maintenance
  • Other non-criminal offences

Abuse of dominance

Abuse of dominance occurs when a company (or group of companies) that has market power engages in business practices intended to reduce competition or prevent competition from entering the market.

Misleading advertising

Some forms of misleading advertising are classified as civil offences. Some examples of civil offences would include making a performance claim based on false testing, giving a warranty or guarantee that will not be honoured and falsely representing the selling price of a product.

Refusal to deal

Refusal to deal exists under certain circumstances when a person does not supply a product to a customer, and as a result, the customer's business is substantially affected, or the customer is unable to carry on his/her business.

Other non-criminal offenses

There are other forms of non-criminal reviewable matters governed by the civil process. The Competition Tribunal deals with applications that fall under parts VII.1 and VIII of the Competition Act.