Update: Competition Tribunal Grants Interim Injunction In Parkland/Pioneer Merger

On June 3, the Competition Tribunal granted an interim injunction requiring Parkland Industries to preserve and "hold separate" six gas stations and eight supply agreements that it proposes to acquire from Pioneer. The decision represents a partial victory for the Commissioner of Competition as it relates to six of 14 markets where the Commissioner was seeking an order.¹

What You Need To Know

The decision notably marks the first time the Commissioner was able to obtain an interim injunction preventing the integration of part of an acquired business on the grounds that there would be adverse impact on consumers if those assets were merged.

The Tribunal concluded that there had to be "clear and non-speculative evidence" of "irreparable harm" before such an interim order would be made. In this case, the Tribunal concluded that the Commissioner advanced no such evidence on threshold issues such as market definition in eight of the 14 contested markets. The Tribunal