Expert Analysis

Exclusive use clauses under the Competition Act: Emerging implications for commercial leases

By Aaron Kempf, Monty Warsh, Marco Gammone and Lexi Benlolo ( September 16, 2026, 9:55 AM EDT) -- Exclusive use clauses continue to attract increased attention from the Competition Bureau. While there have not yet been any Competition Tribunal or court decisions applying the amended Competition Act to exclusive use clauses, the bureau has signalled increased enforcement activity in this area, and early responses from the commercial leasing industry are beginning to emerge....