Lisa Stockley is presenting at the CBA’s “Merger Review and Litigation After Section 96” session. The session will explore the evolving landscape of Canadian competition law in the wake of the repeal of the “efficiencies defence” under section 96 of the Competition Act.
In this timely and thought-provoking session, Lisa addresses a critical question: Why should we still care about efficiencies in merger evaluation?
Drawing on foundational economic principles, Lisa makes the case for allocative efficiency as the benchmark for competitive markets. Her presentation emphasizes how efficiencies—often observable and measurable—remain central to understanding and promoting competition, even amidst legislative change.
Key highlights from Lisa’s presentation:
- A principled approach to why efficiencies still matter in merger analysis
- The role of allocative efficiency in defining successful, competitive markets which work for Canadians
- How efficiencies align with the core objectives of promoting and protecting the process of competition
Session topics also included:
- The current legal status of efficiencies under Canadian competition law
- Lessons from international approaches to efficiencies in merger review and litigation
- The potential relevance of efficiencies to price increases, innovation, competitive intensity, and other dimensions of competition
- How marginal cost savings, and their resulting impact on prices, may be quantified
- The role that efficiencies may continue to play in future interim injunction proceedings and merger challenges.
For more information on this event, click here.
