Antitrust lessons from "the true north strong and free."(Symposium on Canadian Competition Law)

Article Abstract:

Analysis of Canadian competition law is instructive for US antitrust practitioners and regulators because of the similarity of the two nations' economies, cultures and legal systems. Some differences can be attributed to the fact that Canada is a smaller nation that needs to protect industries in ways that might be considered anticompetitive under US law. The US approaches antitrust as law enforcement, and the Canadian approach focuses on compliance with economic regulations. In some areas, the fact that Canadian laws are newer means that they offer a fresher approach informed by US experiences.

Antitrust Law, Comparative analysis

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Afterword - did the Canadian Parliament really permit mergers that exploit Canadian consumers so the world can be more efficient?

Article Abstract:

The approach to merger efficiency analysis taken by the Canadian Competition Bureau Director to employ a total worldwide welfare model to determine whether efficiency gains will exceed anticompetitive harms is of questionable political merit. It is possible that a merger between US-owned companies operating in Canada could be efficiency-justified despite the fact that Canadian consumers will face higher prices and Canadian workers will lose their jobs. The consumer surplus approach that has largely been adopted in the US would appear more politically sound.

International economic integration, Economic integration, international

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Efficiency analysis in Canadian merger cases

Article Abstract:

Section 96 of Canada's Competition Act 1986 requires the Competition Tribunal to allow a merger to proceed if it has been proven that the efficiency gains of allowing the merger are likely to exceed or offset the anticipated anticompetitive effects. The profit motive for engaging in a merger is typically a mix of anticipated increases in efficiency resulting in cost savings and anticipated opportunities to profit from market power. Canadian efficiency analysis employs a total welfare approach, contrasted with the US approach.

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