Canadian Merger Decisions Point To Need For Reform

Law360, New York (April 4, 2008, 12:00 AM EDT) -- T.S. Eliot once wrote that "April is the cruellest month." But for Canada's Competition Bureau ("Bureau"), January 2008 wasn't so great either. In that month, the Bureau suffered two stinging setbacks in decisions issued by the Federal Court of Canada, both relating to the Bureau's review of Labatt's acquisition of another Canadian beer company, Lakeport Brewing.

In the first decision, the Federal Court of Appeal ("FCA") upheld a March 2007 ruling of the Competition Tribunal ("Tribunal") denying the Bureau's application for an interim injunction to prohibit...
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