The OECD has issued a new Policy Roundtable report entitled: Remedies in Merger Cases, which includes a discussion of Canada.
Abstract:
“Competition agencies use remedies in merger cases to eliminate any competitive harm that may result as a consequence of a merger. Generally, merger remedies are classified as either structural or behavioural (or conduct). Each of these categories has benefits and drawbacks, which must be carefully considered when deciding which type of remedy to best employ.
Horizontal and vertical mergers generally involve different competitive concerns. These differences must be taken into account when crafting an appropriate remedy. Frequently, competitive concerns in horizontal mergers can be best resolved by a structural remedy, while vertical mergers lend themselves to behavioural remedies or a combination of both.
While such generalizations may be a useful starting point, each transaction should be evaluated based on its own merits. In crafting remedies, competition agencies often seek the views of third parties in order to ensure that an optimal remedy is found.”
For a copy of the Report see: Remedies in Merger Cases.
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