Julie Rosenthal quoted in "Bureau offers guidance on efficiencies analysis", Law Times
|Area||Corporate and Commercial, Competition, Antitrust and Foreign Investment|
Excerpt from "Bureau offers guidance on efficiencies analysis", by Dale Smith, Law Times:
Julie Rosenthal, partner at Goodmans LLP in Toronto, says that another problematic aspect of the document is the suggestion that the Bureau would take X-inefficiencies — human factors that may not make a merger as efficient as initially proposed — into account.
“It’s not clear that there’s scope to consider that under s. 96,” says Rosenthal.
“The bigger question is how do you measure that, because it really is quite ephemeral.”
Rosenthal adds that the Bureau may be using the paper to signal a desire for legislative change, particularly given comments by John Pecman, the former competition commissioner, about requiring claimed efficiencies to be passed on to consumers.
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