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ARTICLE · 26 JULY 2019

Competition Bureau Releases Draft Model Timing Agreement

As mentioned in our prior blog post titled Commissioner Points to More Active Enforcement, Greater Transparency and Refined Approach to Efficiencies Defence

CanadaAntitrust/Competition Law

As mentioned in our prior blog post titled Commissioner Points to More Active Enforcement, Greater Transparency and Refined Approach to Efficiencies Defence, the Commissioner of Competition announced during his keynote speech at the Canadian Bar Association's Competition Law Spring Conference on May 7, 2019 that the Competition Bureau intended to release for public comment a draft model timing agreement for merger reviews where the parties raise the efficiencies defence. The draft agreement was released yesterday and interested parties have been invited to provide their views to the Bureau by no later than August 30, 2019.

As stated in the Bureau's News Release announcing the consultation, "[t]he purpose of the timing agreement is to ensure that the Bureau has the time and information it requires to properly assess the parties' claimed efficiencies". In this regard, "[t]he model agreement establishes timed stages for the parties' engagement with the Bureau, including

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