Peter Tolensky Speaks to Business in Vancouver About Recent Changes to the Competition Act and its Potential Impact

Lawson Lundell lawyer Peter Tolensky was quoted in an article by Business in Vancouver (BiV) discussing new amendments to the Competition Act that came into effect on December 15. These changes could significantly impact commercial landlord-tenant agreements involving exclusivity clauses and restrictive covenants that limit the types of businesses operating under the same roof. The amendments allow the Competition Bureau to review such agreements for anti-competitive practices, leaving businesses and tenants to navigate new risks in lease negotiations due to uncertainty about practical implications of these changes.

“It’s definitely the tenants that want [these clauses],” said Peter Tolensky. “If a landlord had their choice, they wouldn't agree to any of these because then they could have more flexibility in who they can lease their shopping centre to and have even more control over their tenant mix.”

Lawson Lundell's Real Estate group can support businesses and tenants navigate these new amendments by providing strategic guidance on drafting and negotiating lease agreements to ensure compliance, minimizing the risk of anti-competitive investigations, and addressing potential disputes arising from exclusivity clauses and restrictive covenants.

Read the full BiV article here.