Review of Industrial Organization 13: 25–56, 1998. 1998 Kluwer Academic Publishers. Printed in the Netherlands. Merger Enforcement under the Competition Act after Ten Years DONALD G. McFETRIDGE Carleton University, Department of Economics, Ottawa, Canada I. Introduction The purpose of this paper is to discuss the record of merger enforcement under the Competition Act. The paper begins with a brief quantitative proﬁle of both merger activity and merger enforcement activity in Canada since the passage of the Competition Act in 1986. This is followed by a discussion of the ﬁve Consent Orders issued and the two contested merger cases decided by the Competition Tri- bunal. This is followed by a more detailed discussion of two major issues that have arisen in the contested cases. The ﬁrst is the question of product market deﬁnition when products are differentiated. The second is the choice of welfare standard. Both problems have also burdened merger enforcement in other jurisdictions and the Canadian experience provides some additional insights. The paper concludes by discussing the implications of the Canadian experience to date both for future merger enforcement in Canada and for other jurisdictions. II. The Merger Provisions of the Competition Act The Competition Act provides for
Review of Industrial Organization – Springer Journals
Published: Oct 6, 2004
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