Competition Act (R.S.C., 1985, c. C-34)

Act current to 2014-06-12 and last amended on 2010-03-12. Previous Versions

Marginal note:Exception where gains in efficiency
  •  (1) The Tribunal shall not make an order under section 92 if it finds that the merger or proposed merger in respect of which the application is made has brought about or is likely to bring about gains in efficiency that will be greater than, and will offset, the effects of any prevention or lessening of competition that will result or is likely to result from the merger or proposed merger and that the gains in efficiency would not likely be attained if the order were made.

  • Marginal note:Factors to be considered

    (2) In considering whether a merger or proposed merger is likely to bring about gains in efficiency described in subsection (1), the Tribunal shall consider whether such gains will result in

    • (a) a significant increase in the real value of exports; or

    • (b) a significant substitution of domestic products for imported products.

  • Marginal note:Restriction

    (3) For the purposes of this section, the Tribunal shall not find that a merger or proposed merger has brought about or is likely to bring about gains in efficiency by reason only of a redistribution of income between two or more persons.

  • R.S., 1985, c. 19 (2nd Supp.), s. 45.
Marginal note:Limitation period

 No application may be made under section 92 in respect of a merger more than one year after the merger has been substantially completed.

  • R.S., 1985, c. 19 (2nd Supp.), s. 45;
  • 2009, c. 2, s. 430.
Marginal note:Where proceedings commenced under section 45, 49, 79 or 90.1

 No application may be made under section 92 against a person on the basis of facts that are the same or substantially the same as the facts on the basis of which

  • (a) proceedings have been commenced against that person under section 45 or 49; or

  • (b) an order against that person is sought under section 79 or 90.1.

  • R.S., 1985, c. 19 (2nd Supp.), s. 45;
  • 2009, c. 2, s. 430.
Marginal note:Conditional orders directing dissolution of a merger
  •  (1) The Tribunal may provide, in an order made under section 92 directing a person to dissolve a merger or to dispose of assets or shares, that the order may be rescinded or varied if, within a reasonable period of time specified in the order,

    • (a) there has occurred

      • (i) a reduction, removal or remission, specified in the order, of any relevant customs duties, or

      • (ii) a reduction or removal, specified in the order, of prohibitions, controls or regulations imposed by or pursuant to any Act of Parliament on the importation into Canada of an article specified in the order, or

    • (b) that person or any other person has taken any action specified in the order

    that will, in the opinion of the Tribunal, prevent the merger from preventing or lessening competition substantially.

  • Marginal note:When conditional order may be rescinded or varied

    (2) Where, on application by any person against whom an order under section 92 is directed, the Tribunal is satisfied that

    • (a) a reduction, removal or remission specified in the order pursuant to paragraph (1)(a) has occurred, or

    • (b) the action specified in the order pursuant to paragraph (1)(b) has been taken,

    the Tribunal may rescind or vary the order accordingly.

  • R.S., 1985, c. 19 (2nd Supp.), s. 45.