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Competition and Antitrust Law

 

The intersection of banking law and antitrust law creates a unique set of issues. Is a lessening of competition really good for financial stability? How should major bank merger proposals be reviewed? Is there a public policy interest that transcends prudential and antitrust issues? Mike Andrews first examined these questions in 1993 by asking how Canada’s Competition Bureau would apply its Merger Enforcement Guidelines to a hypothetical large bank merger. The answers are in Size, Competition and Concentration in the Canadian Financial Services Industry  . These questions were among the issues he examined as part of the staff of the Mackay Task Force , and again as an advisor to the Competition Bureau in its 1998 review of large bank merger proposals Building on this background and the experience of leading International Monetary Fund missions providing technical assistance to country authorities dealing with large merger transactions, Mike Andrews summarized practical guidance for the merger review process in “Addressing the Prudential and Antitrust Aspects of Financial Sector Mergers and Acquisitions”


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