Court File No.: _____________
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 8X Labs Inc. for one or more orders pursuant to section 75 of the Act.
AND IN THE MATTER OF an application by 8X Labs Inc. for one or more orders pursuant to section 76 of the Act.
AND IN THE MATTER OF an application by 8X Labs Inc. for one or more orders pursuant to section 77 of the Act.
AND IN THE MATTER OF an application by 8X Labs Inc. for one or more orders pursuant to section 79 of the Act.
BETWEEN:
8X LABS INC.
- and - VISTAR MEDIA INC.
Applicant
Respondent
NOTICE OF APPLICATION FOR LEAVE (Pursuant to section 103.1 of the Competition Act)
LCM ATTORNEYS INC. 600, de Maisonneuve Blvd. West 27 th Floor Montréal (Québec) H3A 3J2
Me Sébastien Caron Tel. : 514-375-2680 scaron@lcm.ca
2
FRED DIONNE LÉGAL INC. 465 McGill Street Suite 700 Montréal (Québec) H2Y 2H1
Me Frédéric Dionne Tel: 514-995-5334 fred@fredlegal.com
Me David Quesnel Tel: 514-375-2684 dquesnel@lcm.ca
Fax: 514-905-2001
Lawyers for the Applicant 8X Labs Inc.
TO:
AND TO:
AND TO:
The Registrar of Competition 90 Sparks Street, Suite 600 Ottawa, ON K1P 5B4 Tel: 613-957-7851 Fax: 613-952-1123
Matthew Boswell Commissioner of Competition Competition Bureau Legal Services 50 Victoria Street Gatineau, QC K1A 0C9 Tel: 819-997-4282 Fax: 819-997-0324
Vistar Media, Inc. – Toronto (Canada) 18 King Street East Suite 1210 Toronto, ON M5C 1C4
TAKE NOTICE THAT:
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The Applicant will make an application to the Competition Tribunal (the "Tribunal") pursuant to Section 103.1 of the Competition Act (Canada) (the "Act") seeking leave to bring an application for:
a)
b)
c)
an order pursuant to subsections 75(1) and 75(1.2) of the Act:
i.
ii.
requiring the Respondent to accept the Applicant and any of its affiliates as a customer of the Respondent’s supply side platform for programmatic ad serving on the terms that the Tribunal considers appropriate; and
requiring the Respondent to pay an amount, not exceeding the value of the benefit derived from its refusal to deal with the Applicant, to be distributed among the Applicant and any other person affected by the conduct, in any manner that the Tribunal considers appropriate;
an order pursuant to subsections 76(2) and 76(11.1) of the Act, if an order has not been made against the Respondent under Section 79 of the Act:
i.
ii.
iii.
requiring the Respondent to accept the Applicant and any of its affiliates as a customer of the Respondent’s supply side platform for programmatic ad serving within within 15 days of the Tribunal's order, on usual terms;
prohibiting the Respondent from continuing to engage in restrictive and discriminatory price maintenance related practices against the Applicant;
requiring the Respondent to pay an amount, not exceeding the value of the benefit derived from its restrictive price maintenance related conducts, to be distributed among the Applicant and any other person affected by the conduct, in any manner that the Tribunal considers appropriate;
an order pursuant to subsections 77(2) and 77(3.1) of the Act:
d)
i.
ii.
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prohibiting the Respondent from continuing to engage in tied selling with respect to its CMS ad server and ad exchange products and containing any other requirement that, in the opinion of the Tribunal, is necessary to overcome the effects thereof in the market or to restore or stimulate competition in the market;
requiring the Respondent to pay an amount, not exceeding the value of the benefit derived from its conduct of tied selling, to be distributed among the Applicant and any other person affected by the conduct, in any manner that the Tribunal considers appropriate;
an order pursuant to subsections 79(1), 79(2), 79(3.1) and 79(4.1) of the Act:
i.
ii.
iii.
iv.
prohibiting the Respondent from continuing to engage in the anti- competitive practice described herein and from engaging in any other practices with the same purpose and effect in Canada; and
alternatively or additionally, requiring the Respondent to divest the Respondent’s publisher CMS ad server, namely Vistar Cortex, from Vistar's ad exchange, namely its sell-side platform and demand-side platform, along with any additional structural relief as needed to restore competition and overcome the effects of the Respondent’s anti-competitive practice in Canada;
directing the Respondent to pay an administrative monetary penalty not exceeding the greater of (i) $25 million dollars, (ii) three times the value of the benefit derived from the Respondent’s anti-competitive practice, or if that amount cannot be reasonably determined, (iii) 3% of the Respondent’s annual worldwide gross revenues;
requiring the Respondent to pay an amount, not exceeding the value of the benefit derived from its conduct of abuse of dominant position, to be distributed among the Applicant and any other person affected by the conduct, in any manner that the Tribunal considers appropriate;
e)
f)
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an order directing the Respondent to pay costs; and
such further and other relief as the Applicant may request and the Tribunal may consider appropriate.
Dated at Montreal this 27
th
day of November, 2025
LCM ATTORNEYS INC. 600, de Maisonneuve Blvd. West 27 th Floor Montréal (Québec) H3A 3J2
Me Sébastien Caron Tel.: 514-375-2680 scaron@lcm.ca Me David Quesnel Tel: 514-375-2684 dquesnel@lcm.ca
FRED DIONNE LÉGAL INC. 465 McGill Street Suite 700 Montréal (Québec) H2Y 2H1
Me Frédéric Dionne Tel: 514-995-5334 fred@fredlegal.com
Fax : 514-905-2001
Lawyers for the Applicant, 8X Labs Inc.
Court File No.: ________ COMPETITION TRIBUNAL IN THE MATTER OF the Competition Act, R.C.S. 1985, c. 34 (the “Act”)
AND IN THE MATTER OF an application by 8X Labs Inc. for an order pursuant to Section 103.1 of the Act granting leave to bring an application under Sections 75, 76, 77 and 79 of the Act;
AND IN THE MATTER OF an application by 8X Labs Inc. for one or more orders pursuant to section 75 of the Act;
AND IN THE MATTER OF an application by 8X Labs Inc. for one or more orders pursuant to section 76 of the Act;
AND IN THE MATTER OF an application by 8X Labs Inc. for one or more orders pursuant to section 77 of the Act;
AND IN THE MATTER OF an application by 8X Labs Inc. for one or more orders pursuant to section 79 of the Act;
BETWEEN:
8X LABS INC.
-and- VISTAR MEDIA INC.
Applicant
Respondent
NOTICE OF APPLICATION FOR LEAVE (Pursuant to section 103.1 of the Competition Act)
LCM ATTORNEYS INC. 600, de Maisonneuve Blvd. West 27 th Floor Montréal (Québec) H3A 3J2
Me Sébastien Caron Tel. : 514-375-2680 scaron@lcm.ca
FRED DIONNE LÉGAL INC. 465 McGill Street Suite 700 Montréal (Québec) H2Y 2H1
Me Frédéric Dionne Tel: 514-995-5334 fred@fredlegal.com
Me David Quesnel Tel: 514-375-2684 dquesnel@lcm.ca
Fax: 514-905-2001 Lawyers for the Applicant 8X Labs Inc.