Superior Propane Inc. - Reasons and Order (final)

Superior Propane Inc. - Reasons and Order (final)

The Tribunal granted a provisional order under s.100 because the applicant demonstrated a prima facie case that the merger would likely substantially lessen competition and that the balance of convenience and risk of irreparable harm favoured preserving the status quo pending full determination.

Citation
2000 Comp Trib 15
Court
Competition Tribunal
Jurisdiction
Canada
Judgment Date
30 August 2000
Procedural Posture
Merger — Provisional Injunction (competition Act) / Interim Application Under Section 100
Outcome
Provisional order granted.
Legal Topics
Interim Order, Section 100, Substantial Lessening of Competition
Source Language
French
Competition Law Mergers Administrative Law Interim Order Section 100 Substantial Lessening of Competition

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Procedural Posture

Merger — Provisional Injunction (competition Act) / Interim Application Under Section 100

Legal Issues

  1. 1 Whether to grant an interim order under s.100 of the Competition Act
  2. 2 Whether applicant established a prima facie case of substantial lessening of competition
  3. 3 Whether the balance of convenience and risk of irreparable harm favoured preserving the status quo

Ratio Decidendi

The Tribunal granted a provisional order under s.100 because the applicant demonstrated a prima facie case that the merger would likely substantially lessen competition and that the balance of convenience and risk of irreparable harm favoured preserving the status quo pending full determination.

Court Disposition

Provisional order granted.

Orders

  • Interim order issued under s.100 of the Competition Act restraining completion of the merger pending final determination by the Tribunal.
  • Matter to proceed to an expedited hearing before the Tribunal for full determination.