In an article (available to subscribers) published this week in Global Competition Review, Mark Katz shared his perspectives on the Competition Tribunal’s recent order denying the Competition Bureau’s request to expedite its challenge of Parrish & Heimbecker’s grain elevator acquisition.

“One of the consistent complaints about the Competition Tribunal process, particularly as it relates to merger reviews, is that it quickly took on the trappings of a court proceeding and became too slow, expensive and cumbersome,” Mark said.

Mark noted that the Tribunal has tried to address this issue over the years, including by adopting rules to expedite hearings. But, as this case demonstrates, it will be very reluctant to order an expedited hearing unless both parties agree. As Mark states, “At the end of the day, although there is a recognised ‘need for speed,’ the tribunal’s principal concern must be to ensure the fairness of its process, and particularly for respondents facing the power of the state.”