Overview
Table of Contents
On June 20, 2025, significant amendments to the Competition Act came into effect, expanding the range of conduct for which a private party may seek recourse from the Competition Tribunal. On the same day, Berger Montague (Canada) PC, on behalf of Alexander Martin acting in the public interest, filed an application with the Competition Tribunal in Ottawa, Ontario, targeting Alphabet Inc., Google LLC, Google Canada Corporation, Apple Inc., and Apple Canada Inc.
The application seeks orders under sections 79(1) and 90.1(1) of the Competition Act. The applicant alleges that the respondents have engaged in anti-competitive practices that significantly lessen and prevent competition in the Canadian general search engine market.
Google dominates the market for general search engines in Canada, with over 90% of the market.
Google has maintained its dominance in the general search engine market through a series of exclusive agreements with wireless carriers, Android cell phone manufacturers, and web browsers that provide for Google to be the default search engine. Google makes significant cash payments—in the billions of dollars—in exchange for these default placements.
The most significant exclusive agreement is Google’s Information Services Agreement (ISA) with Apple. The ISA provides that Google will be the default search engine on all Apple devices. Google pays Apple approximately $20 billion per year in exchange for this default placement. The ISA is particularly harmful to competition because it disincentivizes Apple from entering the market for general search engines, even though Apple has the technological know-how, financial resources, and user base to compete against Google. Instead, Google shares its monopoly profits with Apple to neutralize Apple as a competitive threat.
Google’s web of exclusive agreements—including, in particular, its ISA with Apple—stifle competition and innovation in Canada, limit consumer choice in Canada, and entrench Google’s market position in Canada, deter Canadian entities from entering and competing in the general search engine market.
This Application underscores ongoing legislative concerns about the influence of large technology companies in the digital marketplace and their impact on competition and consumer choice in Canada.
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Read more about the application here.
Berger Montague is one of the nation’s preeminent law firms focusing on complex civil litigation, class actions, and mass torts in federal and state courts throughout the United States. With more than $2.5 billion in 2025 jury verdicts alone, the Firm is a leader in the fields of complex litigation, antitrust, consumer protection, defective products, environmental law, employment law, securities, and whistleblower cases, among many other practice areas. For over 55 years, Berger Montague has played leading roles in precedent-setting cases and has recovered over $50 billion for its clients and the classes they have represented. Berger Montague is headquartered in Philadelphia and has offices in Chicago; Malvern, PA; Minneapolis; San Diego; San Francisco; Toronto, Canada; Washington, D.C., and Wilmington, DE.
