The Canadian Competition Tribunal has dismissed a constitutional challenge brought by Google in ongoing abuse of dominance litigation initiated by the Competition Bureau Canada. The ruling clears the way for the Tribunal to continue hearing the Bureau’s case concerning alleged anti-competitive conduct in the online advertising technology sector.
In a statement issued on March 4, 2026, Acting Commissioner of Competition Jeanne Pratt welcomed the decision, emphasizing that the Tribunal reaffirmed its authority to impose administrative monetary penalties designed to ensure compliance with competition law and deter anti-competitive behaviour.
According to Pratt, the ruling confirms the Tribunal’s capacity to enforce the Canadian competition regime effectively. “We welcome the Competition Tribunal’s decision on this matter, which dismissed Google’s allegation that a constitutional right was breached,” she said. The Tribunal’s determination reinforces its ability to order administrative monetary penalties where appropriate in abuse of dominance cases.
Ongoing Abuse of Dominance Case
Despite the procedural dispute, the underlying competition case against Google remains active before the Competition Tribunal. The Bureau maintains that Google engaged in conduct designed to reinforce and entrench its dominant position within the online advertising technology ecosystem.
According to the Bureau’s investigation, Google’s practices allegedly limited the ability of rival firms to compete effectively in Canada’s ad tech supply chain. The authority argues that this conduct had several adverse effects, including restricting innovation, raising advertising costs, and reducing revenues for publishers that depend on digital advertising markets.
Pratt reiterated that the ultimate outcome of the case, including any possible sanctions or remedies, will be determined by the Tribunal once the substantive issues have been fully adjudicated.
Background to the Constitutional Challenge
The enforcement action stems from a formal application filed by the Competition Bureau in November 2024. In that application, the authority alleged that Google abused its dominant position as the leading provider of advertising technology tools across multiple layers of the Canadian digital advertising supply chain.
In response, Google filed a notice of constitutional question with the Tribunal on February 14, 2025. The company argued that certain aspects of the proceedings breached its constitutional rights.
The Bureau subsequently challenged the filing. On June 4, 2025, it submitted a motion requesting that the Tribunal strike the constitutional question. The Tribunal has now granted that request, dismissing Google’s constitutional challenge.