Article

International Merger Enforcement — A Canadian Context

Authors: John Bodrug and Adam F. Fanaki

This article, which was originally published on the CompLaw Blog, explores the different conclusions Canada and the U.S. arrived at in the review of that transaction and how the two countries differ on industrial review. This paper presented at the Antitrust in the Americas Conference of the American Bar Association begins with an overview of the Canadian merger review process, followed by a comparison of the U.S. and Canadian timelines for contested cases and a discussion of some atypical bases on which the Canadian competition authority has found proposed mergers to be anti-competitive. Finally, the paper discusses the efficiency defence in the merger provisions of the Canadian Competition Act.

Download this article.

Key Contacts

Related

Small Mergers Loom Large on Canadian Competition Bureau’s Radar

Sept. 30, 2019 - Canada’s Competition Bureau is actively seeking and reviewing smaller acquisitions that may not exceed pre-merger notification thresholds under the Competition Act but that may nonetheless raise substantive competition issues. The Bureau’s demonstrated interest in evaluating smaller mergers...

Top Court Expands Scope of Potential Liability in Price-Fixing Class Actions

Sept. 24, 2019 - The Supreme Court of Canada has released its long-awaited decision in two companion appeals that have significant implications for class actions alleging conduct that contravenes the criminal provisions found in Part VI of the Competition Act (Act). In its decision in Pioneer Corporation...