Lessons from the Great White North: The CCS Case and a New Appetite for Litigating Mergers

Canada’s first contested merger since 2005 raised a number of issues and a number of eyebrows: not only did it arise from a consummated merger that fell under the notification thresholds, it was brought in circumstances where there was no existing overlap between the merging parties’ activities and involved allegations of a prevention, not lessening, of competition. Nonetheless, this was the case that brought Canada’s enforcer back before the Competition Tribunal. Join two of the lawyers who argued opposite sides of the case, as well as experienced U.S. merger counsel, who will compare and contrast mergers litigation in Canada and the US and identify the lessons to be drawn from this case.

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