April 08, 2015
The amendments to the federal Competition Act that took effect in 2010 expanded the Competition Bureau's powers of administration and enforcement. The transactions scrutinized by the Bureau in the years since, within both foreign and domestic spheres, have raised the interest of competition lawyers whose practices are impacted by the legislation. In an article on trends in competition law, the Legal Post examines the recent Supreme Court decision affirming Tervita Corporation’s right to acquire a landfill—a landmark ruling against the Bureau (learn more about Torys’ representation of Tervita in the case here)—and quotes partner and co-head of our Competition and Foreign Investment Review Practice Omar Wakil on the decision. Below is an excerpt of the article.
Tervita, represented by Torys LLP, argued the efficiencies that would accrue as a result of the merger outweighed any anti-competitive effect. After losing twice, once before the Competition Tribunal and then again on appeal, the Supreme Court affirmed that efficiency trumps anti-competitive behavior.
“The Supreme Court said the Competition Bureau failed to satisfy its evidentiary burden with respect to the efficiencies defence. It had an obligation to quantify the competitive harm,” says Omar Wakil a partner with Torys LLP who is recognized as a Band 3 practitioner.
To read the full article, click here.