Tribunal agrees with Competition Bureau in first contested merger case in 6 years

Canada’s Competition Tribunal has sided with the Competition Bureau over CCS Corporation’s completed acquisition of Complete Environmental Inc. The Tribunal has ordered CCS to divest the Babkirk hazardous waste landfill site, finding that the acquisition would substantially prevent competition in the market for hazardous waste disposal in Northeastern British Columbia. The Bureau had filed its appeal with the Tribunal in January 2011; the decision marks the Bureau’s first court challenge to a merger since 2005.

The blog Canadian Regulatory Law: News, Rules & Trends summarizes the case’s significance:

The decision is noteworthy for, among other things, being the first contested merger case in Canada in six years, a rather rare example of a “prevent” case (a merger may be challenged under the Competition Act where it may prevent or lessen competition substantially) and a completed non-notifiable transaction.  The case is also an example of the Bureau’s increased willingness to challenge certain transactions post-closing, regardless of size, that may raise competition concerns.

Full content: Competition Bureau Press Release

Related content: Canada’s Draft Service Standards for Merger Review: Plus Ça Change, Plus C’est La Même Chose? (Sandra Walker, Fraser Milner Casgrain)

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