Superior Propane Inc. - Reasons and Order following the reasons for judgment of the Federal Court of Appeal dated April 4, 2001

Superior Propane Inc. - Reasons and Order following the reasons for judgment of the Federal Court of Appeal dated April 4, 2001

The Tribunal granted a provisional order under s.100 because it concluded the statutory threshold for interim relief was met: implementation of the merger posed a real risk of harm to competition that could not be adequately remedied at final determination, and interim relief was required to preserve the Tribunal's ability to provide effective final relief.

Citation
2002 Comp Trib 16
Parties
Applicant: Superior Propane Inc.
Court
Competition Tribunal
Jurisdiction
Canada
Judgment Date
4 April 2002
Procedural Posture
Mergers / Application for Provisional Order Under Section 100 of the Competition Act; Reasons and Order Following Federal Court of Appeal Decision of April 4, 2001
Outcome
Provisional order issued under section 100 of the Competition Act.
Legal Topics
Provisional Order, Section 100, Section 92, Section 104, Interim Relief
Source Language
French
Competition Act Competition/antitrust Mergers & Acquisitions Provisional Order Section 100 Section 92 Section 104 Interim Relief

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Parties

Superior Propane Inc.

Applicant

Procedural Posture

Mergers / Application for Provisional Order Under Section 100 of the Competition Act; Reasons and Order Following Federal Court of Appeal Decision of April 4, 2001

Legal Issues

  1. 1 Whether a provisional order under s.100 should be issued to restrain implementation of the merger pending full Tribunal review
  2. 2 What statutory test and evidentiary threshold must be met to obtain interim relief under the Competition Act
  3. 3 Effect of the Federal Court of Appeal decision of April 4, 2001 on the Tribunal's jurisdiction and discretion to grant interim relief

Ratio Decidendi

The Tribunal granted a provisional order under s.100 because it concluded the statutory threshold for interim relief was met: implementation of the merger posed a real risk of harm to competition that could not be adequately remedied at final determination, and interim relief was required to preserve the Tribunal's ability to provide effective final relief.

Court Disposition

Provisional order issued under section 100 of the Competition Act.

Orders

  • Issuance of a provisional order under s.100 of the Competition Act restraining implementation of the merger pending full Tribunal review.
  • Terms, conditions and timelines for the provisional order as set out in the reasons.