Earlier today, the Supreme Court of Canada issued its
long-anticipated decision in Tervita Corp. v. Canada
(Commissioner of Competition), where it allowed the appeal on
the basis that the Commissioner of Competition (the
"Commissioner") had failed to "quantify quantifiable
anti-competitive effects." In its decision, the SCC overturned
the findings by the Federal Court of Appeal and the Competition
Tribunal.
Background
In 2011, Tervita Corporation ("Tervita"), a waste
management services company in Western Canada, acquired Complete
Environmental Inc. ("Complete"), which owned land in
northeastern British Columbia and a permit allowing it to operate a
secure landfill at that site. While the value of the transaction
was well below the pre-merger notification thresholds under the
Competition Act, it was challenged by the former
Commissioner of Competition on the basis that it was likely to
result in a substantial prevention of competition in the market for
"the
