Written by Adam Kalbfleisch and Kyle Donnelly
Adam Kalbfleisch and Kyle Donnelly author the Canada: Merger Review chapter in Global Competition Review’s Americas Antitrust Review 2021. They are annual contributors to the Review.
In the chapter, Adam and Kyle set out the structure and practice for merger review under the Canadian Competition Act—and examine issues related to challenges by the Commissioner of Competition, and potential remedies, when issues arise. They also look at the enforcement approach taken to merger review by the Competition Bureau, including recent developments.
Specific points they address include:
- the refined procedural approach to the Bureau’s analysis of the efficiencies defence under the Competition Act;
- the Bureau’s enhancement of information gathering in connection with non-notifiable mergers; and
- the covid-19 pandemic’s effect on the Bureau’s approach to its failing firm analysis.
The full guide is available on the Global Arbitration Review website.