Competition Act — C-34 92
Order 92 (1) Where, on application by the Commissioner, the Tribunal finds that a merger or proposed merger prevents or lessens, or is likely to prevent or lessen, competition substantially (a) in a trade, industry or profession, (b) among the sources from which a trade, industry or profession obtains a product, including labour, (c) among the outlets through which a trade, industry or profession disposes of a product, including labour, or (d) otherwise than as described in paragraphs (a) to (c), the Tribunal may, subject to sections 94 and 95, (e) in the case of a completed merger, in order to restore competition to the level that would have prevailed but for the merger, order any party to the merger or any other person (i) to dissolve the merger in such manner as the Tribunal directs, (ii) to dispose of assets or shares designated by the Tribunal in such manner as the Tribunal directs, or (iii) in addition to or in lieu of the action referred to in subparagraph (i) or (ii), with the consent of the person against whom the order is directed and the Commissioner, to take any other action, or (f) in the case of a proposed merger, in order to preserve the level of competition that would prevail but for the merger, make an order directed against any party to the proposed merger or any other person (i) ordering the person against whom the order is directed not to proceed with the merger, (ii) ordering the person against whom the order is directed not to proceed with a part of the merger, or (iii) in addition to or in lieu of the order referred to in subparagraph (ii), either or both (A) prohibiting the person against whom the order is directed, should the merger or part thereof be completed, from doing any act or thing the prohibition of which the Tribunal determines to be necessary to ensure that the merger or part thereof does not prevent or lessen competition, or (B) with the consent of the person against whom the order is directed and the Commissioner, ordering the person to take any other action. Evidence (2) For the purpose of this section, if the Tribunal finds, on a balance of probabilities, that a merger or proposed merger results or is likely to result in a significant increase in concentration or market share, the Tribunal shall also find that the merger or proposed merger prevents or lessens, or is likely to prevent or lessen, competition substantially, unless the contrary is proved on a balance of probabilities by the parties to the merger or proposed merger. Significant increase in concentration or market share (3) A merger or proposed merger results or is likely to result in a significant increase in concentration or market share if, in any relevant market, as a result of the merger or proposed merger, (a) the concentration index increases or is likely to increase by more than 100; and (b) either (i) the concentration index is or is likely to be more than 1,800, or (ii) the market share of the parties to the merger or proposed merger is or is likely to be more than 30%. Definition of concentration index (4) In subsection (3), concentration index means, in any relevant market, the sum of the squares of the market shares of the suppliers or customers. Regulations — different values (5) The Governor in Council may by regulation prescribe different values than those provided in subsection (3). R.S., 1985, c. 19 (2nd Supp.), s. 45; 1999, c. 2, s. 37 2023, c. 31, s. 9 2024, c. 15, s. 249