{"id":48069,"date":"2024-06-11T16:39:58","date_gmt":"2024-06-11T16:39:58","guid":{"rendered":"https:\/\/www.pantheregroup.com\/2024\/06\/11\/competition-bureau-obtains-court-orders-in-probe-into-loblaw-sobeys\/"},"modified":"2024-06-11T16:39:58","modified_gmt":"2024-06-11T16:39:58","slug":"competition-bureau-obtains-court-orders-in-probe-into-loblaw-sobeys","status":"publish","type":"post","link":"https:\/\/www.pantheregroup.com\/2024\/06\/11\/competition-bureau-obtains-court-orders-in-probe-into-loblaw-sobeys\/","title":{"rendered":"Competition Bureau obtains court orders in probe into Loblaw, Sobeys"},"content":{"rendered":"
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GATINEAU, Que. \u2014 The Competition Bureau has obtained two court orders requiring the parent companies of Loblaws Cos. Ltd. and Sobeys Inc. to hand over information related to its investigation into alleged anti-competitive conduct.<\/p>\n

The bureau is investigating the use of property controls in the grocery sector, which are clauses in lease agreements that restrict other potential tenants and their activities.<\/p>\n<\/div>\n

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The bureau said these controls are hampering competition in the grocery sector.<\/p>\n

The competition commissioner applied in Federal Court in May to order Empire Co. Ltd. and George Weston Ltd. to hand over records about real estate holdings, lease agreements, customer data and other records.<\/p>\n

The bureau said Tuesday this information will help determine whether Sobeys and Loblaw are imposing anti-competitive restrictions that negatively affect competition in the grocery industry.<\/p>\n

Spokespeople for Empire and George Weston did not immediately respond to requests for comment.<\/p>\n

Empire previously pushed back against the investigation, saying in a separate court application that the probe gives the commissioner \u201cthe appearance of a lack of independence.\u201d It denied that property controls are anticompetitive. In May, the Competition Bureau said it had filed a motion to strike Empire\u2019s application for judicial review.<\/p>\n

Loblaws\u2019 parent company is co-operating with the bureau\u2019s review, spokeswoman Catherine Thomas said in May on behalf of George Weston.<\/p>\n

\u201cRestrictive covenants are very common in many industries, including retail. They help support property development investments, encouraging opening of new stores and capital risk-taking,\u201d she said in a statement at the time.<\/p>\n<\/div>\n

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The commissioner\u2019s probe is focused on the companies\u2019 operations in Halifax, but also more broadly across the country.<\/p>\n

The court documents filed in May describe Empire\u2019s and George Weston\u2019s holdings in real estate investment trusts (REITs), which count the companies\u2019 own grocery banners as major tenants.<\/p>\n

Through a subsidiary, Empire holds a 41.5 per cent interest in Crombie Real Estate Investment Trust, while George Weston has a controlling ownership interest of 61.7 per cent in Choice Properties Real Estate Investment Trust.<\/p>\n

The Competition Bureau revealed its investigation into the use of property controls in the grocery sector in February.<\/p>\n

At the time, deputy commissioner Anthony Durocher told a House of Commons committee that property controls could be holding back growth for independent grocery stores and chains, and could also be a barrier for foreign players looking to enter the Canadian market.<\/p>\n

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