[3] To make an order blocking the overall transaction, the Tribunal would have had to find that it would be likely to prevent or lessen competition substantially: section 92 of the Competition Act, R.S.C. 1985, c. C-34.
....
[5] On appeal, we are to treat the order of the Competition Tribunal "“as if it were a judgment of the Federal Court”": Competition Tribunal Act, s. 13(1).
[6] This means that we can reverse the Competition Tribunal where it has erred on:
. legal points, including legal points that dominate the answer to a question of mixed fact and law, or
. factually suffused questions of mixed fact and law,
and the error(s) could have affected the result.
....
[8] Section 13 of the Competition Tribunal Act does not allow appeals on pure questions of fact where, as here, leave has not been sought.
The case is brief for such a high-media case, but useful to understand anti-competitive merger law.
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