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ARTICLE · 30 AUGUST 2021

Interim Relief Denied – Takeaways From The Secure/Tervita Section 104 Decision

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On August 16, 2021, the Competition Tribunal (the "Tribunal") dismissed the Commissioner of Competition's (the "Commissioner") request for interim relief in connection with the recently-completed...

CanadaAntitrust/Competition Law
Chris Margison
Chris Margison
Robin Spillette
Robin Spillette
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On August 16, 2021, the Competition Tribunal (the "Tribunal") dismissed the Commissioner of Competition's (the "Commissioner") request for interim relief in connection with the recently-completed merger of SECURE Energy Services Inc. ("Secure") and Tervita Corporation ("Tevita") (the "Transaction"). In summary, in its decision made public on August 23, 2021, the Tribunal found that the Commissioner had failed to provide clear and non-speculative evidence quantifying the harm likely to arise from the Transaction, as required by the "balance of convenience" aspect of the applicable test.

Background

On March 9, 2021, Secure and Tervita announced a transaction to combine their respective midstream infrastructure and environmental solutions businesses.

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