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.

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Associated links

• July 24, 2014: Supreme Court Denies Toronto Real Estate Board’s Application for Leave to Appeal Pro-Competitive Federal Court of Appeal Ruling
• February 3, 2014: Federal Court of Appeal Overturns Competition Tribunal Ruling on Toronto Real Estate Board Case
• May 14, 2013: Competition Bureau Appeals Competition Tribunal Ruling In Toronto Real Estate Board Case
• April 15, 2013: Competition Bureau to Review Competition Tribunal Ruling
• September 10, 2012: Competition Bureau's Case Against Canada's Largest Real Estate Board: Hearing Starts Today
• May 27, 2011: Competition Bureau Sues Canada's Largest Real Estate Board for Denying Services Over the Internet

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The Competition Bureau, as an independent law enforcement agency, ensures that Canadian businesses and consumers prosper in a competitive and innovative marketplace.

Hon. Navdeep Singh Bains Competition Bureau Information and Communications