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ARTICLE · 22 SEPTEMBER 2023

Competition Act Amendments: The End Of The Line Or More To Come?

McCarthy Tétrault
McCarthy Tétrault
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McCarthy Tétrault

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Earlier today, Deputy Prime Minister and Finance Minister, Chrystia Freeland, introduced in Parliament Bill C-56...

CanadaAntitrust/Competition Law
Anti-Trust/Competition & Foreign Investment Group
Anti-Trust/Competition & Foreign Investment Group
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Earlier today, Deputy Prime Minister and Finance Minister, Chrystia Freeland, introduced in Parliament Bill C-56, the Affordable Housing and Groceries Act, which proposes to amend both the Excise Tax Act and the Competition Act. With respect to the Competition Act (the "Act"), Bill C-56 introduces the measures announced by Prime Minister Trudeau last week which, according to the Prime Minister, are designed to enhance competition and drive down grocery prices for middle-class Canadians.

Key measures included in Bill C-56 in respect of the Act include:

  • Repeal of the Efficiencies Defence for Mergers: Bill C-56 would bring an end to the "efficiencies defence" in merger review, which prohibits the Competition Tribunal from issuing an order against a merger that is likely to bring about efficiency gains that are greater than, and offset, the anti-competitive effects that are likely to result from a merger where those efficiencies would be lost if the Tribunal were

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