CarGurus, Inc. v. Trader Corporation, 2017 FCA 181

Justice Gauthier; Justice de Montigny; Justice Woods - 2017-09-07

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CarGurus appeals from a decision of the Competition Tribunal (2016 CACT 15), which denied CarGurus’ request for leave under section 103.1 of the Competition Act to bring an application under sections 75, 76 and 77 of the Act. These sections deal, respectively, with the restrictive trade practices of refusal to deal, price maintenance and exclusive dealing. Tribunal decisions can be appealed to this Court as if they were judgments of the Federal Court. ... As a result of the copyright proceedings being launched (see 2017 ONSC 1841), CarGurus removed over one million photographs it obtained by crawling dealer websites. The lack of access to Trader’s inventory and the resulting decrease in page views and in advertising revenues were the basis for CarGurus’ application for leave before the Tribunal. CarGurus claimed that Trader engaged in anticompetitive conduct, including refusing to licence Trader’s Vehicle Listings to CarGurus on the usual trade terms, instructing third parties not to deal with CarGurus, and improperly asserting copyright.

Decision relates to:



Canadian Intellectual Property