Area of Expertise
Competition Act Claims
The Government of Canada, through the Competition Bureau, protects and encourages competitive behavior through the Competition Act for the benefit of consumers and businesses. Contraventions to the Act may be civil in nature (such as anti-competitive mergers), or criminal in nature (such as price fixing, bid rigging or illegal cartels). In situations involving mergers and acquisitions, the Competition Tribunal, under Section 92 of the Act, may issue an order upon finding that a proposed merger is likely to substantially prevent or lessen competition. However, the merging parties may seek an exception, under Section 96 of the Act, in the case where a merger is likely to bring about gains in efficiency which will offset or be greater than the anti-competitive effects.
Regarding civil matters, CHS has significant experience as financial experts in major assignments relating to merger reviews involving efficiencies analysis, misleading advertising claims, due diligence assignments on behalf of potential acquirers and post-acquisition disputes. We have also been involved in anti-dumping claims in front of the Canadian International Trade Tribunal and, in criminal matters, have experience in cases related to bid-rigging, procurement reviews and other investigations.