The Antitrust Review of the Americas 2010

Canada: Merger Review

This chapter sets out the structure and practice for assessing merger review under the Canadian Competition Act. Similar to other competition regimes, the fundamental framework of analysis centres around whether a merger would, or is likely to, result in a substantial prevention or lessening of competition (SPLC) that would prevent merger clearance. We also discuss the enforcement approach taken to merger review by the Competition Bureau (Bureau). Lastly, the chapter examines issues related to challenges by the commissioner of competition (commissioner) and potential remedies when issues arise.

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