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Tervita Corporation et al v. Commissioner of Competition

By Occasional Contributors | 2 Minutes Read February 27, 2015

Supreme Court of Canada issues landmark merger and efficiencies decision

The Supreme Court of Canada released its long awaited decision in Tervita Corporation et al v. Commissioner of Competition. In a 6-1 decision, the SCC allowed Tervita’s appeal and set aside the divestiture order made by the Competition Tribunal and upheld by the Federal Court of Appeal (FCA). The SCC agreed with the FCA’s conclusion that the merger would likely result in a substantial prevention of competition, but overruled the conclusions of the Tribunal and the FCA that the merger was not saved by the efficiencies defence.

Article by Occasional Contributors / Business / anti-competitive effects, Competition Act, competition test, Competition Tribunal, efficiencies defence, federal court of appeal, merger, Mergers and acquisitions, substantial prevention of competition, Supreme Court of Canada, Tervita Corporation et al v. Commissioner of Competition

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