The Deal Is Not Quite Over: Competition Bureau Secures Divestiture Order in Post-Closing Challenge


August 03, 2012

Competition Tribunal ruling in contested merger case shows importance of competition law due diligence for transactional lawyers.

On May 29, 2012, the Competition Tribunal ordered CCS Corporation (now Tervita Corporation) to divest the shares or assets of Babkirk Land Services Inc., a subsidiary of Complete Environmental Inc. This was only the sixth contested merger case to come before the Tribunal since 1986.

Kevin Wright and Jonathan Gilhen led the Davis LLP team that acted on the case for the five former shareholders of Complete Environmental. In an article which appears in the August 2012 issue of the Canadian Bar Association's BarTalk magazine, Wright and Gilhen detail the background of the case and explain the key takeaways for transactional lawyers and vendors from this decision.

To read the full article, originally published in the August 2012 issue of BarTalk, visit the CBA website.

The Competition Tribunal also released its reasons for the decision on June 15, 2012.