On August 26, 2026, the Competition Tribunal dismissed a private party application for leave brought under section 103.1 of the Competition Act against Gowling WLG client eTracks Tire Management Systems Inc. (eTracks), a leading producer responsibility organization in Ontario’s end-of-life tire recycling industry.

The applicant alleged that eTracks had engaged in anti-competitive conduct contrary to section 75 (refusal to deal) and section 77 (exclusive dealing and market restriction) of the Competition Act in connection with the termination of a private services agreement.

Justice Gagné, sitting as a judicial member of the Competition Tribunal, rejected the applicant’s arguments, finding that it had fundamentally “invert[ed] the operation” of sections 75 and 77 in seeking to apply those provisions to the circumstances at issue. The Tribunal dismissed the application and awarded costs to eTracks.

Gowling WLG represented eTracks with a team comprising Marc Crandall, Ian Macdonald, John Wilson and Will Boyer.