Marginal note:Factors to be considered regarding prevention or lessening of competition
93 In determining, for the purpose of section 92, whether or not a merger or proposed merger prevents or lessens, or is likely to prevent or lessen, competition substantially, the Tribunal may have regard to the following factors:
(a) the extent to which foreign products or foreign competitors provide or are likely to provide effective competition to the businesses of the parties to the merger or proposed merger;
(b) whether the business, or a part of the business, of a party to the merger or proposed merger has failed or is likely to fail;
(c) the extent to which acceptable substitutes for products supplied by the parties to the merger or proposed merger are or are likely to be available;
(d) any barriers to entry into a market, including
(i) tariff and non-tariff barriers to international trade,
(ii) interprovincial barriers to trade, and
(iii) regulatory control over entry,
and any effect of the merger or proposed merger on such barriers;
(e) the extent to which effective competition remains or would remain in a market that is or would be affected by the merger or proposed merger;
(f) any likelihood that the merger or proposed merger will or would result in the removal of a vigorous and effective competitor;
(g) the nature and extent of change and innovation in a relevant market; and
(h) any other factor that is relevant to competition in a market that is or would be affected by the merger or proposed merger.
- R.S., 1985, c. 19 (2nd Supp.), s. 45
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