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ARTICLE · 08 DECEMBER 2005

The Canadian Competition Bureau´s Draft Merger Remedies Bulletin

Davies Ward Phillips & Vineberg LLP
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The Canadian Competition Bureau has issued in draft an information bulletin describing its approach to designing and implementing merger remedies under the Canadian Competition Act

CanadaAntitrust/Competition Law
Mark Katz
Mark Katz
Elisa Kearney
Elisa Kearney
Charles Tingley
Charles Tingley
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British Institute of International and Comparative Law, Twelfth CLF Meeting – Remedies, November 30, 2005, London, England

I. INTRODUCTION

On 19 October 2005, the Canadian Competition Bureau (the "Bureau") issued in draft an information bulletin (the "Draft Bulletin") describing its approach to designing and implementing merger remedies under the Canadian Competition Act (the "Act").1 According to a press release issued with the Draft Bulletin, interested parties have until 20 January 2006 to comment, following which time the Bureau will consider the feedback provided and publish a final document. 2

Although the Draft Bulletin is generally consistent with the Bureau's past public statements concerning merger remedies, it reflects the Bureau's clear intention to circumscribe in its favour the process involved in implementing such remedies. This is undoubtedly the result of perceived failures to implement effective or timely remedies in previous merger cases.

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