Merger challenges are rare in Canada. The last contested merger case in Canada was in 2005. Typically, concerns about a prospective merger are resolved in negotiations between the Commissioner of Competition (the “Commissioner”) and the acquiring party, with some form of partial divestiture the usual remedy required.
As such, it was a major development when the Commissioner applied to the Competition Tribunal (the “Tribunal”) in January 2011 to prohibit the acquisition by CCS Corporation (“CCS”) of the shares of Complete Environmental Inc. (“Complete”) and its wholly-owned subsidiary Babkirk Land Services Inc. (“BLS”). The Tribunal is responsible for adjudicating merg [...]