The Competition Tribunal has dismissed the Competition Bureau\u2019s complaint that the Toronto Real Estate Board\u2019s policies are anti-competitive. It\u2019s a huge win for TREB and for CREA, but that may not be the end of the story.
\nThe bureau\u2019s application before the tribunal requested that TREB eliminate rules that it claimed \u201cdenied real estate agents the ability to introduce innovative Internet-based real estate brokerage services, such as Virtual Office Websites (VOWs).\u201d
\nAlthough ruling that the bureau failed to make its case under one section of the Competition Act, the tribunal stated in \u201can observation\u201d that another section of the act \u201cmight give the commissioner a means to apply to the tribunal.\u201d
\nThe decision says: \u201cWe realize that the remedies are less extensive under section 90.1 but nevertheless the commissioner might be able to seek an order prohibiting the members of TREB\u2019s Board of Directions (who are competitors) from enforcing the restrictions \u2026.However, we note that this observation is not intended to suggest whether such an application in this case would succeed on the merits.\u201d
\nJohn Pecman, interim commissioner of competition, said in a statement: \u201cWhile I am disappointed that the tribunal has dismissed the bureau\u2019s application, we will be reviewing the tribunal\u2019s decision to determine our next steps.\u201d
\nLawrence Dale, who was president of RealtySellers Real Estate at the time of the application and was granted intervenor status at the tribunal, says: \u201cThis was a classic case of a legal technicality where nothing gets resolved.\u00a0The tribunal said the case was filed under the wrong section and has now steered the bureau to refile under the correct section.\u00a0 Once these technicalities are addressed, the fundamental issues still remain to be determined.\u00a0 How long that takes to get resolved is anyone\u2019s guess.\u201d
\nDale, who has now closed RealtySellers and is with Roger\u2019s Zoocasa website, says, \u201cDespite the uncertainty that this decision has created, I am encouraged by TREB\u2019s more recent approaches to\u00a0balancing the needs of consumers wanting more information with historical practices.\u201d
\nThe application was dismissed with costs payable by the Competition Bureau to TREB.
\nOriginally posted by:\u00a0By Jim Adair<\/p>\n
Competition Tribunal dismisses complaint against TREB – Updated<\/a><\/p><\/blockquote>\n