This document is a summary of research commissioned for use by the Competition Policy Review
Panel. The reports remain the responsibility of the individual researcher(s). The views expressed
do not necessarily reflect those of the Panel or the Secretariat.
across jurisdictions, which may be to the detriment of countries whose particular
characteristics, are unlike those faced by large, standard-setting jurisdictions. As
a small and open economy, Canada applies an efficiency-defense law under the
Competition Act using the balancing weight approach as a formal standard to
incorporate efficiencies in merger reviews. When pursuing the efficiency defense,
Competition authorities should not only consider the costs associated with such a
defense but also evaluate whether competitive actions could bring the same
efficiencies without the merger. Another potential challenge is that merger
transactions in a global economy may require balancing the interests of domestic
consumers against those of foreign shareholders, or vice-versa; this will have
ramifications on the treatment of efficiencies and the appropriate weighting of
consumer and shareholder interests.