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ARTICLE · 07 MARCH 2022

Canada's Competition Tribunal Has Jurisdiction To Grant "Interim Interim" Relief In The Contested Merger Context

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As discussed in our prior blog post titled "Competition Tribunal Dismisses Request for Interim Interim Order", the Competition Tribunal (the "Tribunal") previously found that it does not have the power...

CanadaAntitrust/Competition Law
Chris Margison
Chris Margison
Antonio Di Domenico
Antonio Di Domenico
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As discussed in our prior blog post titled " Competition Tribunal Dismisses Request for Interim Interim Order", the Competition Tribunal (the "Tribunal") previously found that it does not have the power to grant "interim interim" relief pending its decision for "interim" relief. While the Tribunal's decision was initially upheld following an emergency motion before a single judge of the Federal Court of Appeal (the "FCA"), the jurisdictional question before it was recently overturned following a hearing before a full panel of FCA judges. In particular, this panel of judges confirmed that the Tribunal has the jurisdiction to temporarily block mergers (i.e., grant "interim interim") where the Commissioner meets certain evidentiary and legal burdens.

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