Nikiforos Iatrou Leads Competition Bureau to Another Victory: Federal Court of Appeal Upholds Competition Tribunal's Ruling

FEBRUARY 11, 2013

Federal Court of Appeal Decision Clears the Way for Competition in Hazardous Waste Disposal Market

The Federal Court of Appeal (FCA) today upheld the Competition Tribunal's ruling ordering Tervita (formerly known as CCS Corporation) to divest the Babkirk hazardous waste landfill site in Northeastern British Columbia.

The Competition Bureau filed an application with the Competition Tribunal on January 26, 2011 to challenge CCS Corporation's acquisition of Complete Environmental Inc., which owns the proposed Babkirk hazardous waste landfill site. The Bureau's application alleged that the transaction would lead to a substantial prevention of competition in the market for the disposal of hazardous waste within Northeastern British Columbia. On May 29, 2012, the Competition Tribunal ruled in favour of the Commissioner and ordered CCS Corporation to divest the Babkirk hazardous waste landfill site. Today's ruling by the FCA rejects an appeal launched by Tervita in June 2012, and upholds the Tribunal's order. Reasons for the FCA's order are expected to be made public next week.

WeirFoulds partner Nikiforos Iatrou was lead counsel for the Bureau, assisted by Competition Bureau Legal Services counsel Jonathan Hood and WeirFoulds associate Scott McGrath.

This case marks the Bureau's first court challenge to a merger since 2005, and sets an important precedent for future prevention of competition cases. Details about the case can be found here:

• Competition Bureau Successful in Precedent-Setting Merger Challenge (May 29, 2012): http://www.competitionbureau.gc.ca/eic/site/cb-bc.nsf/eng/03468.html.

• Competition Bureau Challenges BC Landfill Merger (January 26, 2011): http://www.competitionbureau.gc.ca/eic/site/cb-bc.nsf/eng/03343.html.