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.

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Oct. 23, 2020 - The Competition Act provides the Commissioner of Competition with a number of powerful investigative tools in respect of both criminal and civil matters, including the power to obtain and execute search warrants that allow Competition Bureau officers to enter premises and to seize...