Anmerkungen:
In: Canadian Business Law Journal, Vol. 42, p. 157, 2005
Beschreibung:
In this article, we discuss the economics of many regulated industries in order to determine whether there are unique issues that are likely to arise in the context of mergers in regulated industries that the current merger review framework under the Competition Act is unable to address. In our view, the existing legislation is adequate to deal with the potential competitive issues. At the same time, the Competition Bureau's examination does not extend beyond competitive issues and hence an examination of merger review also needs to consider the industry regulator's role. We discuss the prevalence of parallel merger review by industry regulators and the Competition Bureau and the inherent tensions that this system generates. We close by discussing the virtues and flaws of four potential models of regulatory interaction, including commenting on certain proposals for reform that have been advanced by others as a means of clarifying roles when reviewing mergers in regulated industries. In this respect, we strongly disagree proposal that the Competition Bureau cede jurisdiction to review a merger where there is a specialized industry regulator with concurrent jurisdiction to review a merger