During his keynote speech at the Canadian Bar Association's
Competition Law Spring Conference on May 7, 2019, the Commissioner of Competition discussed several
important topics, including more active enforcement, a refined
approach to the efficiencies defence and greater transparency with
merging parties. Each of these developments has significant
implications for the merger review process, particularly in the
context of complex transactions.
More Active Enforcement
First, the Commissioner stated that "active enforcement
will be an area of primary focus" and that "the
[Competition] Bureau will not hesitate to take appropriate action
to safeguard Canadians against anticompetitive conduct". This
includes the use of all tools at the Bureau's disposal,
including increased and more frequent consideration of injunctions
to prevent the closing of mergers pending a full hearing before the
Competition Tribunal.
