Excessive and unfair prices in Canadian abuse of dominance

Canada recently introduced a new 'excessive and unfair selling prices' provision under its abuse of dominance framework. While this development seems to move abuse of dominance closer to the European Union competition law model, this provision is unusual because it likely requires excessive and unfair pricing to have either a negative effect on competitors or adverse effects on competition. This hybrid model of exploitative abuse largely overlaps with existing provisions in the Competition Act, which already address practices like margin squeeze, suggesting it may have limited applicability. At the same time, this hybrid model raises relevant theoretical questions about how to remedy scenarios where excessive prices are used as substitutes for explicit exclusionary practices and whether the new provision may apply to such cases.43