The Competition Bureau has settled a number of long-running
merger reviews in recent months:
On November 4, 2009, the Competition Bureau announced that it
had reached an agreement with Agrium Inc. to resolve competition
concerns related to Agrium's proposed acquisition of CF
Industries Holdings Inc. Under the terms of the Consent Agreement,
if Agrium is successful in its bid, it will divest half of its
nitrogen-based fertilizer production facility in Carseland, Alberta
and will be required to supply additional product to Terra
Industries, Inc., a new entrant into Western Canadian wholesale
nitrogen fertilizer markets.
On October 29, 2009, the Competition Bureau approved the
acquisition of Schering-Plough by Merck, subject to Merck's
divestiture of its interest in the animal health company, Merial,
to its joint venture partner, Sanofi-Aventis, as well as the
divestiture by Schering-Plough of its new anti-nausea and
anti-vomiting product (used in the treatment of post-chemotherapy
and post-operative side effects), Rolapitant/i>, to Opko
Health in both Canada and the United States.
On October 14, 2009, agreement was also reached with Pfizer
Inc. and Wyeth as to the divestiture of several animal
pharmaceutical and vaccine products to Boehringer Ingelheim
Vetmedica, Inc., in both Canada and the United States. In Canada
only, Pfizer also amended the terms of its existing arrangement
with Paladin Labs Inc. governing the distribution and sale of
Pfizer's human hormone replacement therapy product, Estring.
(Members of the Stikeman Elliott competition group represented
Wyeth in that transaction.)
Previously, on August 27, 2009, Ultramar Ltd. had been
approved as the acquirer of terminal storage and distribution
capacity required to be provided by Suncor Energy Inc. as part of a
remedy addressing competition concerns raised by the Bureau over
the merger of Suncor and Petro-Canada. The sale process for the 104
retail gas stations required to be divested in southern Ontario is
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The Commissioner of Competition addressed innovation, enforcement and policy initiatives at the Competition Bureau in his keynote speech, "Strengthening Competition: Innovation, Collaboration and Transparency."
Used car listing website operator CarGurus Inc.'s attempt to force rival Trader Corporation to supply it with vehicle listing data has encountered a dead end as the Competition Tribunal denied it leave to commence a private application under several provisions of the Competition Act.
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