Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 27 MAY 2020

Competition Bureau Provides Guidance On Approach To Failing Firm Analysis

Blake, Cassels & Graydon LLP
Blake, Cassels & Graydon LLP
Contributor
Blake, Cassels & Graydon LLP

Blake, Cassels & Graydon LLP

As one of Canada’s top business law firms, Blake, Cassels & Graydon LLP (Blakes) provides...

View firm profile
Explore more from Blake, Cassels & Graydon LLP

On April 29, 2020, the Competition Bureau (Bureau) released a statement outlining its approach to analyzing mergers that involve a "failing firm."

CanadaAntitrust/Competition Law
Blakes Competition & Antitrust Group
Blakes Competition & Antitrust Group
Author LinkedIn connections

On April 29, 2020, the Competition Bureau (Bureau) released a statement outlining its approach to analyzing mergers that involve a "failing firm." The statement was issued following the Bureau's investigation into scrap metal processor American Iron & Metal Company Inc.'s (AIM) acquisition of Total Metal Recovery Inc. (TMR)

KEY TAKEAWAYS

  • The Bureau's statement is a timely roadmap for companies looking to rely on the failing firm defence to complete mergers that the Bureau may conclude would lessen or prevent competition
  • Parties will be required to provide extensive information to substantiate a failing firm rationale and the Bureau may even obtain orders under section 11 of the Competition Act to compel parties to produce various records

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

For permission to reprint articles, please contact the [email protected] Marketing Department.

© 2026 Blake, Cassels & Graydon LLP.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Greenwashing In Canada: What The Competition Bureau’s 2026 Updated Environmental Claims Guidelines Mean For Your Business

Canada's Competition Bureau has released updated guidelines addressing environmental claims and greenwashing under the Competition Act. The guidelines establish six compliance principles and clarify how businesses must substantiate environmental benefit claims following recent legislative amendments, including changes introduced by Bill C-15 that provide greater flexibility in substantiation methods while maintaining evidence requirements.
CanadaAntitrust/Competition Law
WeirFoulds LLP
WeirFoulds LLP
Article

Competition Bureau Reaches Consent Agreement With Empire Company Limited Regarding Grocery Property Controls

The Competition Bureau of Canada has entered into a consent agreement with Empire Company Limited, parent of major grocery chains including Sobeys and Safeway, restricting the company's use of property controls that limit competition. This agreement prohibits Empire from enforcing certain restrictive covenants and exclusivity clauses that prevent other grocers from operating nearby, despite Empire's earlier voluntary commitments. The Bureau's action signals heightened regulatory scrutiny of property control
CanadaAntitrust/Competition Law
Blake, Cassels & Graydon LLP
Blake, Cassels & Graydon LLP
Article

Cassels On Competition: October 2026

More particularly, the Plaintiff had argued that the drip pricing provision in subsection 52(1.3) of the Competition Act requires “all-inclusive pricing” and forbids all forms of “fragmented or segmented pricing,” and that Ticketmaster’s partitioned price representations are thus prohibited as a criminal conduct and amount to false or misleading representations covered by the criminal misleading advertising provision in section 52
CanadaAntitrust/Competition Law
Cassels
Cassels
Article

Canada Imposes Counter-Tariffs On C$27.6-Billion Of U.S. Imports, Effective September 8, 2026

Canada has announced C$27.6-billion in counter-tariffs on U.S. imports, effective September 8, 2026, targeting over 700 product classifications across steel, aluminum, dairy, electronics, and other sectors. The measures represent a dollar-for-dollar response to U.S. Section 338 tariffs, with rates ranging from 15% to 50% depending on the product category. The government has also introduced a C$7.5-billion support package for affected Canadian workers and businesses.
CanadaInternational Law
Blake, Cassels & Graydon LLP
Blake, Cassels & Graydon LLP
Article

Manitoba Expanding Land Transfer Tax To Beneficial Transfers

Effective January 1, 2027, Manitoba is expanding its land transfer tax regime to apply to beneficial (unregistered) transfers of land, even where legal (registered) title is not being transferred. The amendments bring Manitoba’s regime more closely in line with Ontario’s and Quebec’s current regimes and will affect transactions involving bare trusts, nominees and other ownership structures that separate legal and beneficial ownership of land.
CanadaTax
Blake, Cassels & Graydon LLP
Blake, Cassels & Graydon LLP