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Impact of the Supreme Court of Canada Decision in Tervita

February-11-2016

Lawyer Richard Annan
Area Competition, Antitrust and Foreign Investment

Summary

Article originally published in Federated Press’ Competition Law, Volume XIV, No. 3, 2016

In Tervita Corporation v. Canada (Commissioner of Competition),1 the Supreme Court of Canada has set out important guidance with respect to how the merger provisions of the Competition Act2 are to be interpreted. Specifically, the Supreme Court addressed the proper test for determining whether a merger is likely to prevent competition substantially, as well as the proper application of the “efficiencies defence” under section 96 of the Act.


1 1 [2015] 1 S.C.R. 161 (S.C.C.) (“Tervita”).
2 R.S.C. 1985, c. C-34 (the “Act”).

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