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Efficiencies defence succeeded because proven anti-competitive effects were not properly quantified.
The Court allowed the appeal from the Federal Court of Appeal and set aside the divestiture order under s. 92 of the Competition Act.
A majority held the merger likely prevented competition substantially, but concluded the efficiencies defence in s. 96 succeeded because proven efficiency gains outweighed proven anti-competitive effects after the Commissioner failed to quantify quantifiable effects.
