Competition Tribunal rules in favour of the Commissioner in Toronto real estate case

News Release

April 28, 2016 — OTTAWA, ON — Competition Bureau

The Competition Tribunal has ruled in favour of the Commissioner of Competition in its abuse of dominance case against the Toronto Real Estate Board (TREB).

The Commissioner welcomes the decision addressing TREB’s anti-competitive practices.

The Bureau filed an application with the Tribunal seeking to prohibit TREB's rules that restrict how its member agents provide information to consumers, such as previous listings and previous sale prices, thereby denying agents the ability to introduce new and innovative real estate brokerage services using the Internet.

The Tribunal’s reasons are confidential at this time; a summary of the decision is currently available on the Tribunal’s website and it is expected that a public version of the reasons will be released at a later date. A further hearing will be held before the Tribunal to determine the remedy for TREB’s anti‑competitive conduct.

Quick facts

  • The TREB case has been ongoing since 2011, when the Commissioner filed an application with the Tribunal challenging restrictions that the TREB has imposed on its members’ use and display of data in the Toronto Multiple Listing Service (MLS) system.
  • Following a hearing in 2012, the Tribunal dismissed the Commissioner’s Application. The Commissioner successfully appealed this decision, and the case returned to the Tribunal for rehearing in fall 2015.

Quote

"This is a good day for competition and innovation. We welcome the decision and look forward to the hearing before the Tribunal on remedies."

John Pecman
Commissioner of Competition

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