Canadian Lawyer

May 2023

The most widely read magazine for Canadian lawyers

Issue link: https://digital.canadianlawyermag.com/i/1499770

Contents of this Issue

Navigation

Page 50 of 67

www.canadianlawyermag.com 49 One of the authors of the McMillan report, Hannah Johnson, an associate in the competition, antitrust and foreign invest- ment practice at the firm, says there's a trend in the media and the general conversation to think that the Competition Act changes will address this wide array of social issues, "but that is not what the Competition Act was designed to do." "The act's purpose," she adds, "was to create the necessary conditions to arrive at a competitive economy, which is very narrow and more about fostering economic devel- opment through strong competition. It's not COMPETITION BUREAU CHALLENGES BY THE NUMBERS 3,000 Transactions reviewed by Competition Bureau since 2009 9 Transactions challenged by Competition Bureau Results of the challenges: 4 Deals settled (Air Canada, Parkland, Aucerna, GFL) 3 Deals allowed by Competition Tribunal following trial (Parrish & Heimbecker, Secure, Rogers-Shaw) 1 Deal abandoned because of US competition issues (Staples) 1 Deal allowed following SCC decision based on efficiencies defence (Tervita) 4 Times efficiencies defence explicitly stated as the reason for not challenging a merger (Chemtrade / Canexus, Superior Plus / Canexus [abandoned] Superior Plus / Gibson Energy, CN / H&R) "The act's purpose was to create the necessary conditions to arrive at a competitive economy, which is very narrow and more about fostering economic development through strong competition" Hannah Johnson, McMillan LLP meant for these broader issues." James Musgrove, a partner with the same practice at McMillan, adds that while the concerns raised in the discussion paper are legitimate, "there is no evidence that over- turning competition laws would achieve the desired goals."

Articles in this issue

Links on this page

Archives of this issue

view archives of Canadian Lawyer - May 2023