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Melanie L. Aitken

Antitrust & Competition Law Advisor

Managing Principal, Bennett Jones (US) LLP

Cheryl M. Woodin

Commercial Litigation & Trial Lawyer

Partner

Emrys Davis

Competition & Antitrust Litigation Lawyer

In Martin v. Alphabet, the Competition Tribunal issued its first decision interpreting the new public-interest pathway for private access under section 103.1(7) of the Competition Act. While affirming an intention to broaden access, the Tribunal articulated a flexible but rigorous three-part framework that places real weight on evidence, genuine interest and the applicant&rsquo;s capacity to prosecute complex competition cases. The decision underscores that public interest alone is insufficient without a coherent, Canada-focused evidentiary record and a credible litigation plan.

Martin v Alphabet Tribunal

Martin v. Alphabet: Tribunal Sets the Public Interest Leave Framework—Evidence and Capacity Now the Gatekeepers

Adam Kalbfleisch

Competition & Regulatory Lawyer | Foreign Investment

In our previous Bennett Jones insight, we discussed several amendments to the Competition Act introduced by the Government of Canada in 2023, with the most recent set coming into force on June 20, 2024. These amendments, which follow earlier changes from June 2022 and December 2023, significantly revamp the merger review provisions and expand deceptive marketing practices. The Finance Committee's rushed review and the Commissioner of Competition's submissions influenced these changes, resulting in new market share presumptions and higher requirements for remedial orders.

Revamped Competition Act Radically Alters Canadian Competition Law

Zirjan (Zee) J. Derwa

Competition and Foreign Investment Review Lawyer

Following several years of lively public discussion, two high-profile consultations and the introduction of several “interim amendments” to the Competition Act in 2022, the federal government has now tabled two new bills (<a rel="noopener noreferrer" rel="noopener noreferrer" href="https://www.parl.ca/legisinfo/en/bill/44-1/c-56" target="_blank">Bill C-56</a> and <a rel="noopener noreferrer" rel="noopener noreferrer" href="https://www.parl.ca/legisinfo/en/bill/44-1/c-59" target="_blank">Bill C-59</a>), which together, would introduce the most significant reforms to Canadian competition policy in several decades.

Federal Government to Significantly Overhaul the Competition Act

Dominique T. Hussey

Chief Executive Officer and Intellectual Property Litigator, Pharma/Biotech and Trademark Lawyer

Chief Executive Officer

Patrick T. Maguire KC

Energy & Project Development Lawyer | Oil, Gas & Power

Vice Chair and Partner

To mark this year's International Women's Day, we are proud to present a candid leadership conversation on the challenges women face in the legal field. Our five office managing partners—<a href="/People/A/Aitken-Melanie" target="_self">Melanie Aitken</a>, Radha Curpen, <a href="/People/H/Hussey-Dominique" target="_self">Dominique Hussey</a>, <a href="/People/M/Maguire-Patrick" target="_self">Pat Maguire</a> and <a href="/People/S/Stratton-Barbara" target="_self">Barbara Stratton</a>—are joined by moderator and Bennett Jones partner, <a href="/People/Y/Yung-Michelle" target="_self">Michelle Yung</a> as they share perspectives from their lived experiences. This discussion highlights the importance of acting purposely to create an workplace where women can thrive.

IWD 2023 Workplaces Where Women Thrive

IWD 2023: Workplaces Where Women Thrive

Ruth E. Promislow

Privacy, Cybersecurity & AI Lawyer

Caroline Poirier

IT, Privacy & Data Protection Lawyer

Suzie Suliman

Commercial Transactions Lawyer at Bennett Jones Toronto

Associate, Trademark Agent

The 2025 GPEN Sweep highlights growing global scrutiny of how digital platforms handle children&rsquo;s personal information, revealing increased data collection alongside limited safeguards. While improvements have been made in areas such as account deletion, significant gaps remain in effective age assurance, transparency, and protective design. The findings signal that regulators are likely to intensify guidance and enforcement efforts to better protect children&rsquo;s privacy online.

Global Privacy Sweep Highlights Growing Expectations for Childrens Privacy Online

Global Privacy Sweep Highlights Growing Expectations for Children's Privacy Online

Nina Butz

Litigation Lawyer at Bennett Jones Toronto

Jackson Spencer

Commercial Litigation Lawyer at Bennett Jones Vancouver

Associate

This article highlights recent decisions demonstrating courts&rsquo; strict approach to certifying privacy class actions in Canada. It shows how failures to establish an identifiable class, viable claims, or compensable harm can be fatal at certification. The rulings reaffirm courts&rsquo; gatekeeping role and signal continued challenges for plaintiffs advancing privacy-based claims.

Courts show Continued Commitment to Closely Scrutinizing Proposed Privacy Class Actions

Recent Decisions Reinforce Certification Challenges

Courts Continue Close Scrutiny of Privacy Class Actions

Ana Nizharadze

Commercial Litigation Lawyer at Bennett Jones Toronto

This article examines the growing wave of drip pricing class actions following recent amendments to the Competition Act. It analyzes key Federal Court decisions that clarify how courts assess &ldquo;unattainable prices,&rdquo; fixed and obligatory fees, and damages at the certification stage. With several appeals and new cases underway, these rulings offer early guidance on how disclosure obligations may evolve in 2026 and beyond.

From First Price to Final Cost Drip Pricing Cases on the Rise

"Drip Pricing" Cases on the Rise

From First Price to Final Cost

Lukas VanDusen

Competition & Antitrust Lawyer | Foreign Investment

This article reviews the Competition Tribunal&rsquo;s first decision interpreting the new public interest standing provisions under the Competition Act. It establishes a three-part test for leave and emphasizes the need for a strong evidentiary record, including a viable litigation plan and demonstrated capacity to pursue complex claims. The decision underscores the Tribunal&rsquo;s gatekeeping role while providing guidance for future applicants and respondents.

Quasi Class Actions at the Competition Tribunal

Tribunal Provides First Guidance on Requirements for Public Interest Standing  

Quasi-Class Actions at the Competition Tribunal

Gannon Beaulne

Thomas Feore

This article explores how courts continue to apply and refine the &ldquo;some basis in fact&rdquo; test for certifying common issues in class actions. Recent decisions illustrate that while expert evidence is not always required, plaintiffs must provide sufficient admissible evidence to support both the existence of common issues and their class-wide resolution. The rulings reinforce certification as a meaningful screening tool and provide guidance on evidentiary expectations going forward.

Melanie Aitken Discusses Rejoining Bennett Jones on BNN

From the Same Authors