Article

Merger Review in Canada

Authors: Mark C. Katz and Charles Tingley

The Supreme Court of Canada (SCC) released its first decision in nearly 20 years regarding the Competition Act’s merger provisions on 22 January 2015. Its decision in Tervita Corp v Canada (Commissioner of Competition) is important because (1) it sets out the proper analytical framework for determining whether a transaction substantially prevents competition, as opposed to substantially lessens competition; and (2) it clarifies the application of Canada’s statutory “efficiencies defence” to otherwise anticompetitive mergers.

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