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1. www.pymnts.com › cpi-posts › the-dust-has-settledThe Dust Has Settled (For Now): Reviewing the Recent ...

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   2 days ago · As mentioned, the efficiency exception (typically referred to as the “efficiency defense”) was removed. 32 The efficiency defense, introduced back in the original Act in 1986, instructed that ...

2. www.mccarthy.ca › en › insightsGradually, then Suddenly: Significant Competition Law Reform ...

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   Dec 5, 2023 · As is the case for merger review, Bill C-56 will eliminate the efficiencies defense from section 90.1 — which currently shields an agreement or arrangement from a Tribunal order where is it likely to bring about efficiency gains that are greater than, and offset, its anti-competitive effects.

3. mcmillan.ca › insights › changes-to-the-competitionChanges to the Competition Act - McMillan LLP

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   Repeal the merger efficiencies defence (as of December 15, 2023) that had allowed merging parties to defend an otherwise anticompetitive merger by establishing that the likely efficiency gains would offset the anticompetitive effects of the merger.

4. www.goodmans.ca › insights › articleGovernment of Canada Introduces Legislation to Amend the ...

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   Sep 22, 2023 · The efficiencies defence permits otherwise anti-competitive mergers to withstand legal challenge where they generate sufficient efficiencies to exceed and offset anti-competitive effects. The draft legislation deletes the efficiencies defence, root and branch, from the Act.

5. www.mccarthy.ca › en › insightsSeizing Control: Amendments to Canada’s Merger Control Regime

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   Jun 24, 2024 · The Competition Act is now silent on the role of efficiencies in merger review, and the approach that the Bureau and the Tribunal will take to considering efficiencies is unclear.

6. competition-bureau.canada.ca › how-we-fosterGuide to the December 2023 amendments to the Competition Act

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   Removing the efficiency defence in merger reviews. Effective merger control is essential for Canadians to receive the benefits of a competitive marketplace. Anti-competitive mergers can lead to real harm in the economy, including higher prices, fewer choices, and lower levels of innovation.

7. People also ask

   Will a merger reduce competition?

   • Coordinated Effects: The Act now explicitly includes as a factor that the Tribunal could consider in its analysis of whether a merger is likely to result in a substantial prevention or lessening of competition “any likelihood that the merger or proposed merger will or would result in express or tacit coordination between competitors in a market”.

   Seizing Control: Amendments to Canada’s Merger Control Regime

   www.mccarthy.ca/en/insights/articles/seizing-control-amendments-canadas-merger-control-regime

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   Can a merger be anti-competitive based on market shares?

   • Structural Presumptions. While the amendments do not go so far as to establish market share-based structural presumptions, Bill C-59 proposes to repeal subsection 92 (2) of the Act, which provides that the Tribunal shall not find a merger to be anti-competitive based only on the basis of concentration or market shares.

   Gradually, then Suddenly: Significant Competition Law Reform Arrives in

   www.mccarthy.ca/en/insights/articles/gradually-then-suddenly-significant-competition-law-reform-arrives-canada

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   Why is merger control important in Canada?

   • Effective merger control is essential for Canadians to receive the benefits of a competitive marketplace. Anti-competitive mergers can lead to real harm in the economy, including higher prices, fewer choices, and lower levels of innovation.

   Guide to the December 2023 amendments to the Competition Act

   competition-bureau.canada.ca/how-we-foster-competition/education-and-outreach/guide-december-2023-amendments-competition-act

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   Are anti-competitive agreements a threat to competition?

   • However, the Competition Act contains provisions against firms entering into agreements that substantially prevent or lessen competition in a market or are likely to do so. For example, an anti-competitive agreement could enable the parties involved to charge higher prices or hinder the development of future competition.

   Guide to the December 2023 amendments to the Competition Act

   competition-bureau.canada.ca/how-we-foster-competition/education-and-outreach/guide-december-2023-amendments-competition-act

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   What changes have been made to Canada's Competition Act?

   • The Government of Canada has made these amendments to the Competition Act as a part of the ongoing modernization of Canada’s competition regime. This guide provides an overview of these changes, including in the areas of market studies, merger reviews, collaborations between firms, and abuse of dominance.

   Guide to the December 2023 amendments to the Competition Act

   competition-bureau.canada.ca/how-we-foster-competition/education-and-outreach/guide-december-2023-amendments-competition-act

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   How will the merger control regime change over the past 15 years?

   • While the merger control regime has been left largely untouched for the past 15 years, these changes are expected to increase the number of notifiable transactions, significantly recalibrate the substantive review framework and implement enforcement-oriented procedural changes.

   Seizing Control: Amendments to Canada’s Merger Control Regime

   www.mccarthy.ca/en/insights/articles/seizing-control-amendments-canadas-merger-control-regime

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8. www.goodmans.ca › insights › articleGovernment of Canada announces changes to the Competition Act ...

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   Sep 15, 2023 · The Bureau has advocated for a similar approach in Canada, calling for the removal of the efficiencies defence and the adding of “efficiencies” as a new discretionary factor for the evaluation of a merger under section 93 of the Competition Act.