The CBA Competition Law and Foreign Investment Review Section’s Economics & Law Committee, Competition Litigation Committee, and Mergers Committee present:

Merger Review and Litigation After Section 96

March 5, 2024 | 12:00 PM to 1:30 PM Eastern
Online (Zoom)

Join us for an in-depth discussion of the key implications for merger review and litigation following the recent removal of the so-called “efficiencies defence” in section 96 of the Competition Act, including:

• The current legal status of efficiencies under Canadian competition law
• Lessons from international approaches to efficiencies in merger review and litigation
• The potential relevance of efficiencies to price increases, innovation, competitive intensity, and other dimensions of competition 
• How marginal cost savings, and their resulting impact on prices, may be quantified 
• The role that efficiencies may continue to play in future interim injunction proceedings and merger challenges.

Moderator

David Dueck, Blake, Cassels & Graydon LLP

Speakers

Andy Harington, The Brattle Group

Paul Klippenstein, Competition Bureau Legal Services

David Rosner, Goodmans LLP

Lisa Stockley, Charles River Associates