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ARTICLE · 19 JULY 2006

Maytag/Whirlpool Merger: House Brands Deemed Competitors To OEMs

The Canadian Competition Bureau recently released a Technical Backgrounder explaining the reasoning behind its mid-March 2006 clearance of the acquisition of Maytag by Whirlpool.

CanadaAntitrust/Competition Law

The Canadian Competition Bureau recently released a Technical Backgrounder explaining the reasoning behind its mid-March 2006 clearance of the acquisition of Maytag by Whirlpool. Both parties are manufacturers of household appliances. For the purposes of competitive review, the product market was defined as the five major home appliances: washers and dryers (the "laundry" segment), refrigerators, dishwashers and ranges. Although both Maytag Canada and Whirlpool Canada were viewed as industry leaders, especially in the laundry segment, and post-merger shares in this segment were significant, the Bureau held that effective competition would remain after the acquisition.

In assessing the proposed merger, the Bureau decided that appliances manufactured by Whirlpool or Maytag and sold under a retailer’s house brand should not be attributed to the merged entity, but should rather be treated as an independent competitor in the marketplace. In coming to this decision, the Bureau considered

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