Commissioner of Competition v. Google Canada Corporation
THE COMMISSIONER OF COMPETITION
Law Firm / Organization
Government
Lawyer(s)

Ian Clark

Law Firm / Organization
Ontario Securities Commission
Lawyer(s)

Hugh Craig

GOOGLE CANADA CORPORATION
  • Background: The Commissioner of Competition filed a motion under section 11 of the Competition Act against Google Canada Corporation, seeking information for an inquiry into potential anti-competitive practices in online advertising. Google requested a confidentiality order to seal parts of the application record.

  • Key Issues:

    1. Whether Google's confidentiality order request should be granted under Rule 151 of the Federal Courts Rules.
    2. The balance between the open court principle and the confidentiality interests.
  • Court's Findings:

    1. The court found that Google's motion for a confidentiality order did not meet the necessary legal standards. It was not established that there was a serious risk to an important public interest, which is a prerequisite for such an order.
    2. The court emphasized the importance of the open court principle and noted that the evidence did not demonstrate a real and substantial risk of harm to Google's commercial interests.
  • Outcome: Google's request for a confidentiality order was dismissed. The court maintained the open court principle and did not find sufficient justification to restrict access to the court records.

This case underscores the challenges in balancing commercial confidentiality interests with the principle of open and accessible court proceedings.

Financial terms not specified.

Federal Court
T-1551-21
Competition law
Applicant
12 October 2021