The Supreme Court Of Canada Will Hear Appeal On Contested Mergers

Overview

On July 11, 2013, the Supreme Court of Canada granted leave to appeal in Tervita Corporation v. Commissioner of Competition.  Five months earlier, the Federal Court of Appeal (the "FCA") upheld the order of the Competition Tribunal (the "Tribunal") requiring Tervita (formerly known as CCS Corporation) to divest the Babkirk hazardous waste landfill site that it obtained through its acquisition of Complete Environmental Inc. The Commissioner of Competition had applied to the Tribunal pursuant to section 92 of the Act, which grants jurisdiction to the Tribunal to intervene where "a merger or proposed merger prevents or lessens, or is likely to prevent or lessen, competition substantially".