CANADIAN COMBINES POLICY - THE MATTER OF MERGERS
AbstractAlthough Canada has had legislation aiming to influence and control mergers for more than fifty years, there has been no development of a coherent combines policy. In this article the author purports to show how this situation came about historically, and discusses several issues surrounding the development of a selective policy directed towards mergers. Through a comparison of Canadian, British, and United States courts, the author illustrates how Canadian courts have tended to avoid any involvement in economic issues, especially in the matter of mergers. The author then goes on to examine the major criteria of merger policy in Canada, and focuses on the public-interest effects of mergers on performance, concentration, and competition. In concluding his article he offers suggestions for achieving the implementation of a truly selective policy, and points out that what Canada needs is more than simple clarification of the current legal uncertainties.
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