Revised Merger Enforcement Guidelines Issued by the Competition Bureau

Posted on October 1, 2004

Susan M. Hutton and Patricia Martino

On September 21, 2004, the Competition Bureau issued the highly anticipated revised Merger Enforcement Guidelines (MEGs). The revised MEGs replace the Merger Enforcement Guidelines first published in 1991 as a comprehensive explanation of the Competition Bureau's (the Bureau) merger enforcement policy under the Competition Act. The Bureau released a draft version of the revised MEGs for public comment on March 25, 2004, which closely resembled the final document. As noted in the April 2004 edition of The Competitor, the new MEGs reflect a refinement of analytical approach rather than a wholesale change. Notably, the "safe harbour" market share thresholds are unchanged. That said, the new MEGs reveal important refinements of the Bureau's approach to, among other things:

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New Initiatives Announced by Canada's Commissioner of Competition

Posted on October 1, 2004

Susan M. Hutton and Patricia Martino

In her first address to the National Competition Law Section of the Canadian Bar Association since her appointment last January, the Commissioner took the opportunity in her annual address to the fall Competition Law Conference in Ottawa on September 23, 2004 to announce several new policy initiatives. Of particular note to competition law practitioners and in-house counsel are the following:

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Final Submissions Filed with Competition Tribunalin Canada Pipe Abuse of Dominance Proceeding

Posted on October 1, 2004

Kevin Rushton

Following a hearing in the spring of 2004, the Competition Tribunal (the Tribunal) received this past August the final submissions of the Parties in Canada Pipe1.

Market Definition in Dispute

In his 2002 Application, the Commissioner alleged that a "Stocking Distributor Program" (the Program) operated by Canada Pipe's Bibby Ste-Croix Division ("Bibby") was substantially lessening or preventing competition among manufacturers and importers in the markets for cast iron drain, waste and vent (DWV) pipe, fittings and mechanical joint couplings (the "Products"), in six Canadian regions2. During the period from 1998 to 2002, Bibby accounted for more than 85% of total sales of the Products in Canada and for 80% or more of total sales of the Products in each of the six geographic markets. The Program provided preferential discounts and rebates to customers who purchased the Products exclusively from Bibby.

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