Information Bulletin on Merger Remedies in Canada: Preface

This Bulletin sets out the Competition Bureau’s (“the Bureau”)current policy on merger remedies.¹ It is intended to provide guidance on the objectives for remedial action and the general principles applied by the Bureau when it seeks, designs, and implements remedies. While such principles are essential elements, which will be taken into account in all cases where remedial action is required, it is important to realize that all remedies will be tailored to the specific facts and circumstances of each case. Remedies will also be tailored according the Bureau’s ongoing experience regarding the efficacy of previously implemented remedies. In other words, the Bureau will apply a principled yet flexible and evolving approach to designing and implementing merger remedies.

To facilitate negotiated settlements between merging parties and the Bureau, an outline of a consent agreement, which generally follows the principles articulated in this Bulletin, will be included as an appendix hereto.² This outline consent agreement is necessarily generic and provided as an example only, as the terms and conditions of each consent agreement will be tailored to the specific facts and circumstances of each case. During merger remedy negotiations, it is the practice of the Bureau to prepare the first draft of any consent agreement and to retain carriage over the draft document throughout any negotiations that follow.

¹ This Bulletin is intended solely to provide information and is not intended to be a substitute for the advice of counsel. The Bulletin is not a binding statement of how discretion will be exercised in a particular situation. Final interpretation of the law is the responsibility of the courts and the Competition Tribunal. The Bulletin replaces and supercedes any other publications of the Bureau in this area.

² The outine consent agreement will be published shortly.