Optimal Enforcement of Abuse of Dominance: The Case for a Private Cause of Action

Abstract

We argue that there should be a private cause of action to courts, without leave, for abuse of dominance in Canada. We show that abuse of dominance is under-enforced; that this causes serious harm to consumers, competitors, and the economy; that the Competition Bureau cannot close the gap, whereas private parties can; and that private enforcement has been successful abroad. Finally, we suggest that any private cause of action should be modeled on section 36, with recourse to courts for compensatory damages and no leave requirement.