"27 Goodmans partners among the leading Canadian lawyers." - Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada
Goodmans Publications

Superior Propane: The Case That Broke The Law

October-1-2003

Area Competition, Antitrust and Foreign Investment

Summary


Article orginally published in Global Competition Review, Volume 6, Issue 9, October 2003 (Reprinted with Permission)

Excerpt from "Superior Propane: The Case That Broke The Law":

The Competition Act of Canada contains a unique provision. Section 96(1) of the Act elevates efficiencies derived from a merger to the point that, if gains in efficiency “will be greater than, and will offset, the effects of any prevention or lessening of competition that will result”, then the merger must be allowed. The Canadian experience in elevating efficiencies to a level which outranks anti-competitiveness has been confused, costly, and proven ultimately unacceptable. If the Canadian experience is to be taken as an example, those who would make efficiency the ultimate objective of a competition law regime would be wise to be warned. 

Click to view the full article.

Download PDF