Search results
- This is a statutory defence applicable to a merger that has been found by the Competition Tribunal (the Tribunal) to be anti-competitive but where the merger-specific efficiencies outweigh the anti-competitive effects of the merger.
www.osler.com/en/insights/updates/significant-amendments-to-the-competition-act-on-the-horizon-key-areas-to-watch/Significant amendments to the Competition Act on the horizon ...
Nov 7, 2024 · The efficiency exception continues to apply for anti-competitive mergers that closed or were notified to the Bureau before December 15, 2023. For all other mergers, it does not apply. 2.1.2.2 Will we still consider efficiencies when we analyze a merger? Parliament made two things clear when it chose to repeal section 96.
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.
Dec 5, 2023 · Efficiency Defence for Section 90.1: While Bill C-56 focused on the repeal of the efficiency defense for mergers, the Committee proposes to also remove the virtually identical efficiencies defence from the section 90.1 civil provision.
2 days ago · Probably the most consequential and headline-grabbing amendments had to do with merger review. As mentioned, the efficiency exception (typically referred to as the “efficiency defense”) was ...
Jun 24, 2024 · While the Bureau has jurisdiction to review and challenge any “merger” (which is broadly defined under the Act and includes both acquisitions of control and of significant minority interests), only mergers that satisfy statutory criteria are subject to mandatory pre-closing notification and review.
Dec 15, 2023 · The amendments that came into effect immediately on December 15, 2023: repeal the efficiency defence for mergers. However, the Competition Act allows the Tribunal to take into account factors that are relevant to competition in a market affected by a merger.
People also ask
When will efficiencies defence apply to mergers?
Will Bill C-56 repeal the efficiencies defence for mergers?
Should efficiencies defence be removed from section 90.1 civil provision?
Does a proposed merger create efficiencies that strengthen competition?
Does a merger reduce or prevent competition?
Can merging parties argue that efficiencies are relevant to competition?
Sep 28, 2023 · Key Takeaways. Bill C-56 would repeal the efficiencies defence for mergers, leaving future treatment of efficiencies in merger analysis unclear; however, a defence based on efficiencies would continue to be available under the existing civil provisions relating to agreements between competitors.
