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Sep 15, 2023 · The Liberal government said it would also remove the “efficiencies” defence in the Competition Act. That allows competitors to defend a merger against anticompetitive claims...
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.
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.
Remove the efficiencies defence in merger reviews: As with the proposed amendment to add compulsory market study powers, an amendment to remove or lessen the relevance of the Competition Act’s efficiencies defence for mergers has been advocated by the Bureau and others for some time.
Sep 28, 2023 · 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.
Sep 15, 2023 · Abolishing the efficiencies defence. The government proposes abolition of Canada’s controversial efficiencies defence, a unique characteristic of Canadian competition law whereby a merger that is otherwise found to be anti-competitive can, under certain conditions, be permitted to proceed if the merger is likely to bring about gains in ...
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Sep 15, 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.
