Update On Efficiencies Report

Originally published in Competition Law Insight, 14 March, 2006

Last year, the Canadian Competition Bureau appointed a special advisory panel (the Panel) to provide an expert opinion on the role that efficiency gains should play in the merger review process under the Competition Act . In particular, the Panel was asked to consider whether changes should be made to section 96 of the Act, which provides that the Competition Tribunal cannot prevent a merger that "has brought about or is likely to bring about gains in efficiency that will be greater than, and will offset, the effects of any prevention or lessening of competition that will result or is likely to result from the merger".