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Competition Act

Version of section 93 from 2022-06-23 to 2024-03-06:


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

 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 the 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; 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.

  • R.S., 1985, c. 19 (2nd Supp.), s. 45
  • 2022, c. 10, s. 264

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