February 12, 2015

SCC clarifies merger review requirements

Tom Curry was quoted in the Lawyers Weekly on February 6, 2015 in relation to the Supreme Court of Canada decision in Tervita Corp. v. Canada (Commissioner of Competition).

"The Supreme Court's rejuvenation of the efficiencies defence to the prohibition against anti-competitive mergers could spur the Competition Bureau to compel more detailed information from industry rivals who want to merge, lawyers predict.

...Tom Curry of Toronto's Lenczner Slaght said he doesn't anticipate Tervita will stimulate more mergers. 'I think that, properly understood, it's really a matter of the court endorsing what the commissioner had argued was the correct approach, and simply concluding that, on the evidentiary record before the tribunal, the commissioner hadn't discharged [the evidentiary] onus,' said Curry..."

Read a related blog post here.