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Bill C-249

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2nd Session, 37th Parliament,
51 Elizabeth II, 2002

House of Commons of Canada

BILL C-249

An Act to amend the Competition Act

R.S., 1985, c. C-34

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

added, R.S., c. 19
(2nd Supp.),
s.45

1. Section 96 of the Competition Act is amended by adding the following after subsection (3):

Interpreta-
tion

(4) For the purpose of subsection (1), gains in efficiency cannot offset the effects of a lessening or prevention of competition unless the majority of the benefits derived or to be derived from such gains in efficiency are being or are likely to be passed on to customers within a reasonable time in the form of lower prices.

Non-applica-
tion of section

(5) This section does not apply where, after the transaction has been completed, the merger or proposed merger, will result or is likely to result in the creation or strengthening of a dominant market position.