Competition Bureau Updates Guidance on Competitor Property Controls
The Competition Bureau released updated guidance on competitor property controls on June 4, 2025, according to a news release issued in Gatineau, Québec. According to the Bureau, the guidance outlines how it enforces provisions related to competitor property controls under the Competition Act and may be revised as the Bureau gains experience or as legal requirements change.
The Bureau defines competitor property controls as restrictions that limit how a property can be used by others. According to the Bureau, these controls may create competition concerns, such as making it difficult for businesses to open new stores or limiting the products that can be sold.
The updated guidance follows a period of public consultation in August 2024, after which changes were made based on feedback from Canadians and the Bureau's enforcement experience. The publication of the guidance also follows amendments to the Competition Act by the Government of Canada. Changes made in December 2023 expanded the scope for reviewing collaborations between companies and strengthened the Bureau’s ability to address abuse of dominance. Additional changes in June 2024 further increased the Bureau's authority to act on competitor collaborations.
The Bureau published a grocery market study in June 2023 recommending that all levels of government take steps to increase competition in the grocery industry. According to the Bureau, the study found property controls can limit competition from new grocers and restrict consumer benefits, including lower prices, more choice, and increased innovation.
As examples of enforcement, the Bureau announced in January 2025 that Empire, the parent company of Sobeys, agreed to remove a property control that restricted grocery store competition in Crowsnest Pass, Alberta. In June 2024, the Bureau reported that it obtained two court orders during investigations into property controls used by the parent companies of Sobeys and Loblaws.
According to the Bureau, it will continue to adjust its enforcement approach as it receives new information or as laws change.