Canada's Competition Tribunal Rejects Google's Constitutional Challenge, Clearing Path for Advertising Antitrust Case

March 4, 2026 [Ottawa, ON] – Today, Canada’s Competition Tribunal dismissed a constitutional challenge brought by Google, ruling that the company cannot claim new administrative monetary penalties (AMPs) under the Competition Act could amount to criminal punishment. The Tribunal rejected Google’s argument, finding that AMPs are designed to deter anticompetitive conduct, not to punish wrongdoing in the criminal sense. With this hurdle cleared, the Competition Bureau’s case against Google’s alleged abuse of dominance in Canada’s online advertising technology market can now proceed.

The ruling is an important development for the future of competition law enforcement in Canada. Had higher AMPs under the Competition Act been deemed unconstitutional, Canada would not be able to levy meaningful financial penalties for anticompetitive conduct going forward. The ruling confirms that Canadian regulators have real tools to hold even the largest corporations accountable under domestic competition law, reassuring for consumers and businesses that depend on fair and open markets.

“Today’s ruling is an important signal that new powers under Canada’s recently strengthened Competition Act are here to stay,” said Keldon Bester, Executive Director of CAMP. “Financial penalties will always be secondary to structural remedies that promote competition, but they remain an important tool for deterring conduct that harms competition. While we wait for the full case to go to trial, the Tribunal’s decision is a welcome affirmation of a stronger defence of competition in Canada.”