Legalizing Merger to Monopoly and Higher Prices: The Canadian Competition Tribunal Gets It Wrong

This article analyzes the Canadian Superior Propane decision, apparently the first merger decision in world history to consider explicitly what to do when a merger was predicted to lead to both higher consumer prices and to net efficiencies. The article advocates analyzing the merger under a price to consumers or consumer welfare standard, rather than a total efficiency standard, and advocates that the enforcers and the courts block such mergers