Canada’s Approach To Remedies In International Mergers

Previously published in Global Competition Review, December 2007/January 2008

Canada’s Competition Bureau has recently formalised the approach it will take to remedies in international mergers. In its Information Bulletin on Merger Remedies in Canada, the bureau affirmed its desire to explore coordinated solutions with agencies in other jurisdictions. More notably, it also affirmed its willingness – in appropriate cases – to accept remedies agreed to elsewhere as sufficient to resolve potential competition concerns in Canada. This evolution in the bureau’s thinking represents both a sound policy approach and effective use of scarce resources.

The bureau has a longstanding policy of working closely with foreign agencies in merger investigations, particularly the US Federal Trade Commission, the Department of Justice and the European Commission. Wherever possible, the bureau will coordinate with foreign competition authorities on remedies when a multi-jurisdictional merger is likely