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ARTICLE · 18 SEPTEMBER 2012

Criminal Charges For Breach Of Merger Consent Order: Yikes!

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The Competition Bureau announced, on September 12, 2012,1 that criminal charges had been laid against two waste management companies for alleged breaches of the terms of a merger Consent Agreement.

CanadaAntitrust/Competition Law
McMillan LLP
McMillan LLP
James Musgrove
James Musgrove
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The Competition Bureau announced, on September 12, 2012,1 that criminal charges had been laid against two waste management companies for alleged breaches of the terms of a merger Consent Agreement. As a consequence of the Bureau's continued willingness to flex its enforcement muscles, it is now even more important that parties to a merger fully understand and believe they will be able to comply with the terms of a Consent Agreement negotiated with the Bureau, lest they find themselves the subject of criminal charges. It is also important that firms devote adequate resources to ensuring that they comply with any Consent Agreement they have entered into.

The Nature Of The Charges

The charges were laid under section 66 of the Competition Act2 against Progressive Waste Solutions Ltd. (Progressive) and its subsidiary, BFI Canada Inc. (BFI). The allegations are that, between October 2010 and February 2011, Progressive and BFI breached the terms of a June 2010

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