Canada: Antitrust/Competition Law

The Canadian Competition Bureau has reached a landmark settlement with Kalibrate Canada Inc. over concerns that its data analytics product facilitated anticompetitive behavior in the retail gasoline industry by sharing competitively sensitive station-level pricing and volume information. This case marks the first application of Canada's restructured abuse of dominance provisions and provides critical insights into the Bureau's evolving approach to information sharing, algorithmic pricing, and competition en

Canada's Competition Act has undergone significant reforms that expand enforcement powers, increase penalties, and broaden scrutiny of commercial conduct. These changes mean competition law considerations now extend well beyond mergers and acquisitions to encompass pricing practices, competitor collaborations, distribution arrangements, and marketing claims. Understanding these expanded requirements is essential for businesses operating in or entering Canadian markets.

On September 24, 2026, the Competition Bureau (Bureau) announced it had entered into a consent agreement with Kalibrate Canada Inc. (Kalibrate) to address concerns regarding Kalibrate’s collection and distribution of detailed retail fuel data through its Kalibrate Market Intelligence product (KMI). More broadly, the matter signals the Bureau’s willingness to challenge information-sharing arrangements under multiple provisions of the Competition Act (Act), including through abuse of dominance where the intermediary itself is alleged to be dominant.