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ARTICLE · 03 JUNE 2020

Recent Competition Bureau Merger Reviews Provide Insights For The New COVID-19 Environment

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The Competition Bureau (Bureau) employed two of its less commonly used economic analysis tools in approving two recent non-notifiable mergers

CanadaAntitrust/Competition Law
Ian Li
Ian Li
Eric Patenaude
Eric Patenaude
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The Competition Bureau (Bureau) employed two of its less commonly used economic analysis tools in approving two recent non-notifiable mergers:

  • In the acquisition of H&R Transport Limited (H&R) assets by Canadian National Railway Company (CN), the Bureau approved the otherwise anti-competitive merger on the grounds that the efficiencies produced by the merger would outweigh any anti-competitive effects.
  • In the acquisition of Total Metal Recovery Inc. (TMR) by American Iron & Metal Company Inc. (AIM), the Bureau employed the "failing firm" analysis and concluded that no enforcement action should be taken.

What you need to know

  • The Bureau's recent reviews of non-notifiable mergers underscores the expanded role of its Merger Intelligence and Notification Unit, which now actively monitors and investigates small, non-notifiable merger transactions that may raise competition concerns.

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