Understanding the Chilling Effect on Mergers and Market Share
Background: There is widespread concern that some of the recent amendments to the Competition Act will have a chilling effect on merger activity. These amendments represent a considerable change in the Canadian merger landscape and will undoubtedly make it more difficult for merging parties to obtain a clearance of a merger. As a result, businesses may hesitate to pursue mergers due to increased scrutiny and regulatory hurdles. Concentration and Market Share There has been an ongoing debate among scholars in anti-trust law and economics, concerning the degree to which one can rely on estimates of concentration to predict the impact ... [more] Full article
Rogers and Shaw merger cleared by Competition Tribunal
The Competition Tribunal has dismissed the Commissioner of Competition’s application to block Rogers Communication’s acquisition of Shaw Communications in the most consequential merger decision in Canadian history. When Rogers and ... [more] Full article
Major Agricultural Merger Approved
The Competition Bureau has approved the merger between Dow and DuPont, two companies that specialise in crop protection products and packaging plastics. To alleviate any negative impact that the proposed ... [more] Full article
27 Rexall Pharmacies to be sold to RXDM
Rx Drug Mart (RXDM) has received approval from the Competition Bureau to purchase 27 Rexall pharmacies across Canada. The sale was imposed as a condition under a consent agreement reached between the ... [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.
