When the Commissioner of Competition recently settled a long-standing abuse of dominance case against the Canadian Real Estate Association, it likely paved the way for a dramatic overhaul in the way that residential property is bought and sold, allowing Canadians to choose services à la carte from real estate agents.
But the settlement, approved by 97 per cent of nearly 100 real estate boards across Canada representing approximately 96,000 real estate agents and brokers, has somewhat disappointed some in the legal community who are craving for more guidance in abuse of dominance cases, particularly since significant amendments were introduced to the Competition Act in 2009.