Competition law practitioners continue to monitor developments in three key areas of interest in Canadian merger review. First, the Competition Bureau (“Bureau”) continues to refine its approach to merger review under the two-stage merger review process that came into effect in March 2009. Second, in a regime where litigated merger cases are rare, two merger related cases have recently been brought before the Competition Tribunal (“Tribunal”) and (at the time of writing) the decision of the Tribunal in one of these cases is expected imminently. Third, the Bureau has recently undertaken a number of initiatives to evaluate and refine its substantive approach to merger review and analysis. Most notably, the Bureau revisited its Merger Enforcement Guidelines (“MEGs”) to assess what changes were warranted in the Bureau’s stated approach to the substantive review of mergers since the last review of the MEGs in 2004. Revised MEGs were released in October 2011. The Bureau also recently released a summary of its Merger Remedies Study (“Remedies Study’).
The authors discuss these developments in further detail. For the full article, see the chapter “Recent Developments in Merger Review” beginning on page 190.