Competition Act

Marginal note:Interim order where no application under section 92

• 100 (1) The Tribunal may issue an interim order forbidding any person named in the application from doing any act or thing that it appears to the Tribunal may constitute or be directed toward the completion or implementation of a proposed merger in respect of which an application has not been made under section 92 or previously under this section, where

  • (a) on application by the Commissioner, certifying that an inquiry is being made under paragraph 10(1)(b) and that, in the Commissioner’s opinion, more time is required to complete the inquiry, the Tribunal finds that in the absence of an interim order a party to the proposed merger or any other person is likely to take an action that would substantially impair the ability of the Tribunal to remedy the effect of the proposed merger on competition under that section because that action would be difficult to reverse; or

  • (b) the Tribunal finds, on application by the Commissioner, that the completion of the proposed merger would result in a contravention of section 114.

• Marginal note:Notice of application

  (2) Subject to subsection (3), at least forty-eight hours notice of an application for an interim order under subsection (1) shall be given by or on behalf of the Commissioner to each person against whom the order is sought.

• Marginal note:Ex parte application

  (3) Where the Tribunal is satisfied, in respect of an application for an interim order under paragraph (1)(b), that

  • (a) subsection (2) cannot reasonably be complied with, or

  • (b) the urgency of the situation is such that service of notice in accordance with subsection (2) would not be in the public interest,

  it may proceed with the application ex parte.

• Marginal note:Effect of application for interim order

  (3.1) If an application for an interim order is made under subsection (1) in respect of a proposed merger, the merger shall not be completed until the application has been disposed of by the Tribunal.

• Marginal note:Terms of interim order

  (4) An interim order issued under subsection (1)

  • (a) shall be on such terms as the Tribunal considers necessary and sufficient to meet the circumstances of the case; and

  • (b) subject to subsections (5) and (6), shall have effect for such period of time as is specified in it.

• Marginal note:Duration of order: inquiry

  (5) The duration of an interim order issued under paragraph (1)(a) shall not exceed thirty days.

• Marginal note:Duration of order: failure to comply

  (6) The duration of an interim order issued under paragraph (1)(b) shall not exceed

  • (a) ten days after section 114 is complied with, in the case of an interim order issued on ex parte application; or

  • (b) thirty days after section 114 is complied with, in any other case.

• Marginal note:Extension of time

  (7) Where the Tribunal finds, on application made by the Commissioner on forty-eight hours notice to each person to whom an interim order is directed, that the Commissioner is unable to complete an inquiry within the period specified in the order because of circumstances beyond the control of the Commissioner, the Tribunal may extend the duration of the order to a day not more than sixty days after the order takes effect.

• Marginal note:Completion of inquiry

  (8) Where an interim order is issued under paragraph (1)(a), the Commissioner shall proceed as expeditiously as possible to complete the inquiry under section 10 in respect of the proposed merger.