Americas Antitrust Review 2022: Merger Review in Canada

Adam Kalbfleisch and Kyle Donnelly write in the Americas Antitrust Review 2022 on the structure and practice for merger review under the Canadian Competition Act.

They examine issues related to challenges by the Commissioner of Competition, and potential remedies, when issues arise, as well as discuss the enforcement approach taken to merger review by the Competition Bureau, including recent developments.

Their discussion point include:

• background to the Competition Bureau’s approach to merger reviews;
• the refined procedural approach to the Bureau’s analysis of the efficiencies defence under the Competition Act;
• the Bureau’s enhancement of information gathering in connection with non-notifiable mergers; and
• the COVID-19 pandemic’s effect on the Bureau’s approach to its failing firm analysis.

Read the full article on the Global Competition Review website.