Canadian Merger Review: Assessing Failing Firm Claims in Market Conditions Disrupted by COVID-19

The disruption of the economy due to COVID-19 is leading some companies to experience financial difficulties and struggle for survival. It is not unlikely that competition authorities will face an increased number of “failing firm claims” in the context of acquisitions involving distressed targets. This article outlines the Canadian Competition Bureau’s merger framework, its approach to assessing failing firm claims in times of global crisis and to what degree its approach appears consiste