Competition Bureau releases model timing agreement for mergers involving claimed efficiencies
Section 96 of the Competition Act allows for a trade-off analysis between anti-competitive effects and efficiencies resulting from a transaction. If the Bureau’s review concludes that efficiencies gained are greater than, and will offset, the anti-competitive effects, the Bureau may decide not to oppose the merger on these grounds.
It is the responsibility of merging parties to demonstrate efficiencies in submissions to the Bureau, accompanied by reliable evidence that substantiates the claims being made.
Testing claimed efficiency gains and conducting the trade-off analysis is typically a complex process. It involves the review of significant amounts of documents and data from the merging parties, and requires engagement between the Bureau and the merging parties, their counsel, businesspeople and experts.
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The Competition Bureau, as an independent law enforcement agency, ensures that Canadian businesses and consumers prosper in a competitive and innovative marketplace.
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