Court File No.: ___________________________
THE COMPETITION TRIBUNAL
IN THE MATTER OF the Competition Act, R.S.C. 1985, c. C-34 (the “Act”); AND IN THE MATTER OF an application by Alexander Martin for an order pursuant to section 103.1 of the Act granting leave to bring an application under sections 79(1) and 90.1(1) of the Act;
AND IN THE MATTER OF an application by Alexander Martin for one or more orders pursuant to section 79(1) of the Act;
AND IN THE MATTER OF an application by Alexander Martin for one or more orders pursuant to sections 90.1(1) of the Act;
BETWEEN:
ALEXANDER MARTIN
– and –
Applicant
ALPHABET INC., GOOGLE LLC, GOOGLE CANADA CORPORATION APPLE INC. and APPLE CANADA INC.
Respondents
_________________________________________________________
NOTICE OF APPLICATION FOR LEAVE (Pursuant to section 103.1 of the Competition Act) _________________________________________________________
TAKE NOTICE THAT:
1. The Applicant will make an application to the Competition Tribunal (the “Tribunal”) on a date and time to be set by the Tribunal at Ottawa or Toronto, Ontario pursuant to pursuant to section 103.1 of the Competition Act (the “Act”) seeking leave to bring an application for:
a. an Order pursuant to subsections 79(1) of the Act prohibiting Google LLC, and Google Canada Corporation (collectively, the “Google Respondents”): i. from engaging in practices of anti-competitive acts or conduct that has had or is likely to have the effect of preventing or lessening competition substantially in which the person or persons have a plausible competitive interest;
ii. a declaration that the Google Respondents collectively substantially or completely control a class or species of business throughout Canada or any area of Canada;
b. an Order pursuant to subsection 79(4.1) of the Act requiring the Google Respondents to pay an amount, not exceeding the value of the benefit derived from their abuse of dominant position, to be distributed among the applicant and any other person affected by the practice, in any manner that the Tribunal considers appropriate;
c. an Order pursuant to subsections 90.1(1) and 90.1(1.01) of the Act prohibiting all Respondents from engaging in an agreement or an arrangement that prevents or lessens, has prevented or lessened or is likely to prevent or lessen competition substantially in a market, specifically prohibiting Google and Apple from entering into exclusive agreements that restrict competition in the Canadian search engine market;
d. an Order pursuant to subsection 90.1(10.1) of the Act requiring all Respondents to pay an amount, not exceeding the value of the benefit each derived from the ISA and the agreements as defined below, to be distributed among the Applicant and any other person affected by the conduct, in any manner that the Tribunal considers appropriate;
e. an Order directing Google LLC and Google Canada Corporation to pay costs;
f. an Order directing Apple Inc. and Apple Canada Inc. to pay costs;
g. an Order for costs, if the within Application is opposed; and
h. such further and other relief as the Applicant may request and the Tribunal deems just.
Dated at Toronto this 20 th
of June 2025.
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BERGER MONTAGUE (CANADA) PC 330 Bay Street, Suite 505 Toronto, ON M5H 2S8
Albert Pelletier (apelletier@bm.net) Ian Literovich (iliterovich@bm.net) Edwina Mayama (emayama@bm.net)
Lawyers for the Applicant, Alexander Martin
TO:
AND TO:
AND TO:
AND TO:
AND TO:
The Registrar Competition Tribunal 90 Sparks Street, Suite 600 Ottawa, ON K1P 5B4 Tel: 613-957-7851 Fax: 613-952-1123
Matthew Boswell Commissioner of Competition Competition Bureau 50 Victoria Street Gatineau, QC K1A 0C9 Tel: 819-997-4282 Fax: 819-997-0324
Alphabet Inc. 1600 Amphitheatre Parkway Mountain View, California, 94043, United States
Google LLC 1600 Amphitheatre Parkway Mountain View, California 94043, United States
Google Canada Corporation Richmond-Adelaide Centre 111 Richmond Street West Toronto, ON M5H 2G4 Tel: (416) 915-8200
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AND TO:
AND TO:
Apple Inc. Attn: Katherine Adams Senior Vice President and General Counsel 1 Apple Park Way Cupertino, California, 95014, United States
Apple Canada Inc. Southcore Financial Centre 120 Bremner Boulevard, Suite 1600 Toronto, ON M5J 0A8 Tel: (647) 943-4400
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COMPETITION TRIBUNAL
File No. CT-
IN THE MATTER OF the Competition Act, R.S.C. 1985, c. C-34 (the “Act”); AND IN THE MATTER OF an application by Alexander Martin for an order pursuant to section 103.1 of the Act granting leave to bring an application under sections 79(1) and 90.1(1) of the Act;
AND IN THE MATTER OF an application by Alexander Martin for an order pursuant to sections 79(1) of the Act;
AND IN THE MATTER OF an application by Alexander Martin for one or more orders pursuant to sections 90.1(1) of the Act;
BETWEEN:
ALEXANDER MARTIN
Applicant
– and –
ALPHABET INC., GOOGLE LLC, GOOGLE CANADA CORPORATION APPLE INC. and APPLE CANADA INC.
Respondents _________________________________________________________ NOTICE OF APPLICATION (Pursuant to section 103.1 Competition Act) _______________________________________________________
BERGER MONTAGUE (CANADA) PC
330 Bay Street, Suite 505 Toronto, ON M5H 2S8
Albert Pelletier (apelletier@bm.net) Ian Literovich (iliterovich@bm.net) Edwina Mayama (emayama@bergermontague.com)
Tel: (647) 576-7840
Lawyers for the Applicant, Alexander Martin
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