- Parties: The appellant was Secure Energy Services Inc. The respondent was the Commissioner of Competition.

- Subject Matter: The appellant was the result of a merger with Tervita Corporation that closed on July 2, 2021. The respondent looked into whether the merger “prevents or lessens, or is likely to prevent or lessen, competition substantially” such that s. 92 of the Competition Act, 1985 might apply to empower the Competition Tribunal to order the merger’s dissolution or the disposition of certain assets or shares. The respondent commenced a s. 92 application seeking an order for the divestiture of 41 of the appellant’s facilities. The appellant argued that s. 96 of the Act prohibited the Tribunal from issuing a s. 92 order. The appellant also claimed that the gains in efficiency that the merger caused would be greater than and would offset any resulting anti-competitive effects and that making a s. 92 order would not likely attain those gains in efficiency.

- Ruling: The appeal court ruled in the respondent’s favour and dismissed the appeal with costs. The tribunal correctly interpreted s. 96(1) of the Act in light of the legislation’s text, context, and purpose, the appeal court explained.

- Date: The hearing was set on June 19, 2023. The court released its decision on Aug. 1, 2023.

- Venue: This was a federal case before the Federal Court of Appeal.

- Amount: No financial award was specified.