On July 11, 2013, the Supreme Court of Canada granted leave to appeal in Tervita Corporation et al v Commissioner of Competition. Five months earlier, the Federal Court of Appeal had upheld an order of the Competition Tribunal requiring Tervita Corporation (formerly known as CCS Corporation) to divest its acquisition of a hazardous waste landfill site on the grounds that it had likely substantially prevented competition in the market for the supply of hazardous waste landfill services in northeastern British Columbia. The transaction had already closed, and was below the threshold for merger notification. At issue in the Federal Court were, among other things, the required time frame for poised entry in a "prevent" case, and the proper approach to the efficiencies defence. Please refer to our earlier blog posts to read more about the decisions of the Competition Tribunaland the Federal Court of Appeal.
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