Google appeals dismissal of Charter challenge in ad market monopoly case at Competition Tribunal

Google is taking the Competition Tribunal to court over its rejection of the company’s arguments that its constitutional rights are being violated by the Competition Bureau in an ongoing monopoly case. In an appeal, filed with the Federal Court of Appeal on March 13, Google argues the Competition Tribunal made a legal error by dismissing the company’s argument that the Competition Bureau is seeking a remedy so large — in their ongoing advertising monopoly lawsuit — that it is entitled to protections under the Canadian Charter of Rights and Freedoms and the Bill of Rights. The lawsuit in question began in November 2024, with the competition commissioner accusing Google of engaging in anti-competitive conduct in the online advertising market. It went to the Competition Tribunal asking it to force Google to sell off two of its ad tech tools and pay a fine equal to three-times the value of the money made from the alleged conduct, “or, if that amount cannot be reasonably determined,” three per cent of Google’s worldwide annual gross revenues. As part of its response, Google filed a notice of constitutional question, claiming the financial penalty sought could “vastly exceed the quantum of any fine that has ever been imposed in a penal proceeding in Canada.” According to the tribunal, Google asserted it could amount to $91 billion. “By virtue of its nature and magnitude,” such a penalty goes beyond the necessary amount to ensure compliance with the Competition Act and is enough to be considered a “true penal consequence,” the company alleged. Google argued this meant it was being “charged with an offence” under section 11 of the charter, and is therefore entitled to the protection of rights under the charter — which, it said, had been violated because the company was “compelled to produce documents, data, and information to the Commissioner prior to and during these proceedings.” The company’s motion to toss out the proceeding or exclude any evidence that was collected in a “compulsory manner” was rejected, with the tribunal stating that the penalty did not pass the Supreme Court’s test for a true penal consequence. “Google respectfully submits that the Tribunal made multiple reversible errors of law, mixed fact and law, and/or fact, in reaching its Decision,” the company alleged in its appeal. It repeated the requests it made in its earlier challenge. The company is calling on the Federal Court of Appeal to throw out the competition commissioner’s lawsuit; and declare that the financial penalty sought is a true penal consequence, entitling Google to protections under the charter and Bill of Rights. It also wants the provisions in the Competition Act that the commissioner used to request the fine declared to have no force and effect “to the extent of their inconsistency with the Charter….” If the commissioner’s suit is allowed to continue, Google wants all evidence obtained “in contravention of its rights” to be excluded. None of the allegations have been tested in court. phalentm@thewirereport.ca with files from Maria Collins

Google appeals dismissal of Charter challenge in ad market monopoly case at Competition Tribunal

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By Phalen Tynes-MacDonald
|March 17, 2026

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Google appeals dismissal of Charter challenge in ad market monopoly case at Competition Tribunal

Court | By Phalen Tynes-MacDonald |March 17, 2026

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Court |
By Phalen Tynes-MacDonald
|March 17, 2026