Canadian Competition Bureau Wins Contested Merger Case For Non‐Notifiable Transaction

By Sandy Walker As reported in our year‐ end review (Competition and Foreign Investment Review in Canada: Taking Stock of 2011 and Looking Ahead to 2012, available here), the Commissioner of Competition challenged the completed merger of two landfill companies in northern British Columbia, CCS Corporation and Complete Environmental – the first contested merger case since 2005. On May 29, the Competition Bureau announced its challenge was successful – a significant case because not only was it a non‐notifiable transaction but the Bureau had to argue that the merger would lead to a substantial prevention of competition as the target, Complete Environmental, had not yet commenced its operations.