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ARTICLE · 16 DECEMBER 2015

Competition Law Implications Of M&A

Ever wondered why competition regulators in both Canada and the US sometimes put the brakes on M&A deals?

CanadaCorporate/Commercial Law

Ever wondered why competition regulators in both Canada and the US sometimes put the brakes on M&A deals? As mature markets become increasingly concentrated while smaller players are bought out and entities merge to achieve greater economies of scale, we continue to see headlines featuring the involvement of competition regulators in M&A transactions. But if we value the concept of 'free markets,' why are governmental bodies involving themselves in private transactions?

Adam Smith, one of the earliest proponents of modern capitalism, was a strong supporter of competition (antitrust) law. In his Inquiry Into the Nature and Causes of the Wealth of Nations, he wrote, "The Monopolists, by keeping the market constantly understocked, by never fully supplying the effectual demand, sell their commodities much above the natural price, and raise their emoluments, whether they consist in wages or profit, greatly above their natural rate." As companies merge and markets become

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