Merger Enforcement under the Competition Act after Ten Years

Merger Enforcement under the Competition Act after Ten Years 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 http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Review of Industrial Organization Springer Journals

Merger Enforcement under the Competition Act after Ten Years

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Publisher
Kluwer Academic Publishers
Copyright
Copyright © 1998 by Kluwer Academic Publishers
Subject
Economics; Industrial Organization; Microeconomics
ISSN
0889-938X
eISSN
1573-7160
D.O.I.
10.1023/A:1007714517338
Publisher site
See Article on Publisher Site

Abstract

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

Journal

Review of Industrial OrganizationSpringer Journals

Published: Oct 6, 2004

References

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