Competition Act

Marginal note:Factors to be considered regarding prevention or lessening of competition

93 In determining, for the purpose of section 92, whether or not a merger or proposed merger prevents or lessens, or is likely to prevent or lessen, competition substantially, the Tribunal may have regard to the following factors:

• (a) the extent to which foreign products or foreign competitors provide or are likely to provide effective competition to the businesses of the parties to the merger or proposed merger;

• (b) whether the business, or a part of the business, of a party to the merger or proposed merger has failed or is likely to fail;

• (c) the extent to which acceptable substitutes for products supplied by the parties to the merger or proposed merger are or are likely to be available;

• (d) any barriers to entry into a market, including

  • (i) tariff and non-tariff barriers to international trade,

  • (ii) interprovincial barriers to trade, and

  • (iii) regulatory control over entry,

  and any effect of the merger or proposed merger on such barriers;

• (e) the extent to which effective competition remains or would remain in a market that is or would be affected by the merger or proposed merger;

• (f) any likelihood that the merger or proposed merger will or would result in the removal of a vigorous and effective competitor;

• (g) the nature and extent of change and innovation in a relevant market;

• (g.1) network effects within a market;

• (g.2) whether the merger or proposed merger would contribute to the entrenchment of the market position of leading incumbents;

• (g.3) any effect of the merger or proposed merger on price or non-price competition, including quality, choice or consumer privacy;

• (g.4) the change in concentration or market share that the merger or proposed merger has brought about or is likely to bring about;

• (g.5) any likelihood that the merger or proposed merger will or would result in express or tacit coordination between competitors in a market; and

• (h) any other factor that is relevant to competition in a market that is or would be affected by the merger or proposed merger.