Competition commissioner has a busy year in Canada

By Andrew D Little and Kyle Donnelly, Bennett Jones LLP
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Canada’s commissioner of competition was very active in 2012. As the person responsible for enforcing the Competition Act, the commissioner and staff at the Competition Bureau inquire into potentially anti-competitive activities and transactions affecting Canadian markets. The commissioner may then commence proceedings before Canada’s independent Competition Tribunal, concerning merger transactions, abuse of dominance, anti-competitive agreements that lessen or prevent competition substantially, refusal to deal, or price maintenance. Anti-competitive activities such as price-fixing conspiracies may lead to criminal charges.

Mindful of growing interest in competition law in India and elsewhere, the following is a selection of interesting developments in Canada in 2012.

Mergers: In May 2012, the Competition Tribunal ruled in favour of the commissioner in the first challenge to a merger since 2005. Significantly, the transaction had already closed and was below the threshold for mandatory pre-merger notification. The tribunal declined to dissolve the merger, instead ordering the respondent CCS Corporation to divest the shares or assets of a subsidiary that owned a hazardous waste landfill site.

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Andrew D Little is a partner and Kyle Donnelly is an associate lawyer at Bennett Jones LLP in Toronto. See www.bennettjones.com for an expanded version of this article with additional topics.

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