Efficiencies Save Landfill Merger, Supreme Court rules
A landfill merger that gave the buyer a monopoly and would prevent prices from falling was saved by efficiencies amounting to one-half of one person’s annual salary, the Supreme Court of Canada ruled recently in Tervita Corp. v. Canada (Commissioner of Competition). The decision establishes a number of important principles for merger analysis under the Competition Act, including the following: The Competition Tribunal may make predictions about the future based on the evidence before it. In determining whether efficiencies brought about by the merger are greater than and offset its anti-competitive effects, the Tribunal should employ a two-step analysis, comparing ... [more] Full article
Pre-merger notification threshold increases to $86 million
The transaction size pre-merger notification threshold for 2015 will be $86 million, up from $82 million in 2014, the Competition Bureau announced recently. The new threshold is expected to come ... [more] Full article
Competition Bureau Approves Pharmacy Management Merger
Pharmacy management solutions companies TELUS Health and XD3 Solutions recently agreed to make it easier for pharmacists to switch software providers, in order to resolve the Competition Bureau’s concerns that their ... [more] Full article
Loblaw Sells Three Shoppers Drug Mart Stores To Rexall and McKesson
On December 2, 2014, the Competition Bureau approved the sale of three additional Shoppers stores to Rexall and an independent pharmacist operating under the McKesson banner. Under the Consent Agreement signed between Loblaw ... [more] Full article
Mergers Contributors
Masiel A. Matus
Masiel has a broad commercial litigation practice and represents both national and international clients in a variety of complex matters. Masiel has experience litigating cases involving professional negligence, commercial leasing and real property disputes, insurance, contract disputes, shareholder disputes, fraud, breach of fiduciary duty, breach of trust, employment matters and defamation claims.
John Rook
John F. Rook, KC, is a senior Canadian litigation lawyer with over 50 years of experience in competition law, commercial disputes, and administrative law. He is recognized as a leading competition litigator and has appeared before Canada’s Supreme Court and key tribunals.
David N. Vaillancourt
David's practice expertise focuses on all matters of Commercial and Civil Litigation, Competition and Administrative Law. David has acted for clients in a wide range of disputes, including shareholder and partnership disputes, securities litigation, class action defence, proceedings under the Competition Act, employment law disputes, contract disputes, breach of confidence/intellectual property disputes, fidelity bond claims, and professional negligence claims. David has appeared before all levels of court in Ontario, including the Court of Appeal for Ontario, and has also appeared before the Competition Tribunal and the Federal Court of Appeal. David has appeared as lead counsel in numerous trials, hearings, and motions. David has been successful in numerous adversarial proceedings, and also has successfully negotiated the resolution of dozens of cases.
