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ARTICLE · 26 MAY 2015

Competition Law Review - May 2015

Affleck Greene McMurtry LLP
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A landfill merger to monopoly that would prevent prices from falling was saved by efficiencies, the Supreme Court of Canada held.

CanadaAntitrust/Competition Law
Affleck Greene McMurtry LLP
Affleck Greene McMurtry LLP
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Landfill merger saved by efficiencies

A landfill merger to monopoly that would prevent prices from falling was saved by efficiencies, the Supreme Court of Canada held. Important principles for merger analysis from this decision include:

  • The Competition Tribunal may make predictions about the future based on the evidence before it.
  • In determining whether efficiencies brought about by the merger are greater than and offset its anti-competitive effects, the Tribunal should employ a two-step analysis, first comparing quantitative efficiencies and anti-competitive effects, and then qualitative efficiencies and effects, before finally determining whether the total efficiencies outweigh the total anti-competitive effects.

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