Section 93 — Competition Act: Factors to be considered regarding prevention or lessening of competition

In determining, for the purpose of section 92, whether or not a merger or proposed merger prevents or lessens, or is likely to prevent or lessen, competition substantially, the Tribunal may have regard to the following factors: the extent to which foreign products or foreign competitors provide or are likely to provide effective competition to the businesses of the parties to the merger or proposed merger; whether the business, or a part of the business, of a party to the merger or proposed merger has failed or is likely to fail; the extent to which acceptable substitutes for products supplied by the parties to the merger or proposed merger are or are likely to be available; any barriers to entry into a market, including tariff and non-tariff barriers to international trade, interprovincial barriers to trade, and regulatory control over entry, and any effect of the merger or proposed merger on such barriers; the extent to which effective competition remains or would remain in a market that is or would be affected by the merger or proposed merger; any likelihood that the merger or proposed merger will or would result in the removal of a vigorous and effective competitor; the nature and extent of change and innovation in a relevant market; network effects within a market; whether the merger or proposed merger would contribute to the entrenchment of the market position of leading incumbents; any effect of the merger or proposed merger on price or non-price competition, including quality, choice or consumer privacy; the change in concentration or market share that the merger or proposed merger has brought about or is likely to bring about; any likelihood that the merger or proposed merger will or would result in express or tacit coordination between competitors in a market; and any other factor that is relevant to competition in a market that is or would be affected by the merger or proposed merger.