Public interest considerations in mergers and how these align with broader legislative objectives

Andries explained that the merger provisions of the Competition Act require merging parties to address a range of public interest considerations. These include the impact of the merger on employment, the ability of small and medium-sized businesses and firms owned or controlled by historically disadvantaged persons to effectively enter, participate in, or expand within a market, and the promotion of a greater spread of ownership, particularly to increase ownership by historically disadvantaged persons and workers.

Andries noted that these considerations form an integral part of the merger assessment process and that conditions have been imposed on numerous mergers to advance the public interest objectives of the Competition Act.

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