Mergers and Interim Orders under the Competition Act: The Competition Tribunal's Decision in Parkland

Abstract

The Competition Tribunal's decision in Commissioner of Competition v. Parkland Industries Ltd. ("Parkland") is the first and, to date, only contested application under section 104 of the Competition Act (the "Act") in the context of a merger. The decision determined the legal test for an interim order in the context of a merger and the relationship between traditional principles of injunctive relief ordinarily applied by the Superior Courts and an interim order under section 104 of the Act. The Tribunal's decision also - quite helpfully - explained the legal and contextual framework for each of the Tribunal's remedial powers for mergers under the Act. This comment discusses these developments.