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ARTICLE · 02 JULY 2019

Commissioner Of Competition Challenges Software Deal

Blake, Cassels & Graydon LLP
Blake, Cassels & Graydon LLP
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On June 14, 2019, the Canadian Commissioner of Competition (Commissioner) sued to unwind a recently completed merger involving companies that offer software to manage oil and gas reserves.

CanadaAntitrust/Competition Law
Blakes Competition & Antitrust Group
Blakes Competition & Antitrust Group
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On June 14, 2019, the Canadian Commissioner of Competition (Commissioner) sued to unwind a recently completed merger involving companies that offer software to manage oil and gas reserves.

WHAT BUSINESSES NEED TO KNOW

  • The Commissioner indicated in a recent address that he would be stepping up enforcement of the merger provisions of the Competition Act, including transactions that fall below the mandatory notification thresholds.
  • This is the first merger challenge in four years under the Competition Act and the first challenge involving a merger in the Canadian information technology (IT) industry.
  • The case may provide a litmus test for the efficiencies defence in the context of a merger of IT firms.

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