Overview

Practice Area: Canada

Court: Competition Tribunal of Canada

Status: Leave denied

OTTAWA – JANUARY 9, 2026 – The application for leave to proceed was denied by the Competition Tribunal in a decision issued January 2026. The application is resolved.

OTTAWA – SEPTEMBER 9, 2025 – The application for leave to proceed will be heard orally in a hybrid setting on October 22, 23, 2025.

TORONTO – JUNE 20, 2025 – Today, significant amendments to the Competition Act took effect, broadening the scope of conduct for which private parties may seek recourse from the Competition Tribunal. On the same day, Berger Montague (Canada) PC filed an application with the Competition Tribunal in Ottawa on behalf of Alexander Martin, acting in the public interest, against Alphabet Inc., Google LLC, Google Canada Corporation, Apple Inc., and Apple Canada Inc.

Case Background:

The application to the Competition Tribunal seeks orders under sections 79(1) and 90.1(1) of the Competition Act, alleging Google and Apple engaged in anti-competitive practices that lessen and prevent competition in the Canadian general search engine market.

Google holds over 90% of this market, maintained largely through exclusive default-placement agreements with carriers, device manufacturers, and browsers—most notably its Information Services Agreement with Apple, under which Google pays Apple roughly USD $20 billion per year to remain the default search engine on Apple devices. The application alleges this arrangement discourages Apple from competing directly with Google, despite having the capability to do so.

The application alleges these agreements stifle Canadian competition and innovation, limit consumer choice, and entrench Google’s dominant position in Canada.

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