Neil Campbell cited in Supreme Court Decision Tervita Corp. v Canada (Commissioner of Competition) 

news & knowledge 

March 4, 2015

Dr. A. Neil Campbell, author of Merger Law & Practice: The Regulation of Mergers under the Competition Act (Carswell, 1997), has been cited in the Supreme Court of Canada's decision Tervita Corp. v Canada (Commissioner of Competition). This marks the first Supreme Court decision relating to the mergers provisions of the Canadian Competition Act in close to 20 years.

On January 22, 2015, the Supreme Court issued its decision on Tervita Corp. v Canada (Commissioner of Competition) allowing the appeal of Tervita Corp. and overturning the decisions of the Federal Court of Appeal and the Competition Tribunal. In the decision, Justice Rothstein quoted Dr. Campbell for the proposition that the stand-alone statutory efficiencies defence was considered "particularly appropriate for Canada because a small domestic market often precludes more than a few firms from operating at efficient levels of production and because Canadian firms need to be able to exploit scale economies to remain competitive internationally."

To read the full Supreme Court judgment, please click here.