Parr-global.com quotes Toronto lawyer Chris Margison in an article about the pandemic’s effect on the economy.
Chris Margison, a competition attorney at Fasken who previously served as a special advisor to Canada's Commissioner of Competition, said that “we will see an increased use, or at least parties trying to make increased use, of the failing firm defense. However, there's a fairly high bar that has to be met to successfully deploy the defense to win approval, including showing that the target company is in fact failing and that there is no competitively preferable alternative to the merger. Such alternatives include finding a competitively preferable buyer, retrenchment, scaling back operations and liquidation,” he explained.
