Supreme Court Hearings - Tervita Corporation, et al. v. Commissioner of Competition
Case # 35314
Tervita Corporation, et al. v. Commissioner of Competition (March 27, 2014)
Four permits for the operation of secure landfills for the disposal of hazardous waste have been issued in Northeastern British Columbia. The hazardous waste is generated by oil and gas operations. Two of the permits are held by the appellant Tervita who owns and operates two hazardous waste landfills in the area. One permit is held by the appellant Babkirk Land Services, a wholly owned subsidiary of the appellant Complete Environmental. The fourth permit was issued for a site developed by an aboriginal community, but the landfill has not yet been constructed. In 2011, Tervita bought Complete, which included Babkirk. However, prior to closing, the Commissioner of Competition opposed the transaction. The Commissioner opposed the transaction on the ground that it was likely to prevent competition in secure landfill services in the area. After closing, the Commissioner asked the Competition Tribunal to dissolve the transaction. The Tribunal found that the merger likely prevented real and substantial competition in the marketplace. It also found that the efficiencies of merger would not sufficiently outweigh the impact to competition.