The Competition Bureau announced today that it has reached an agreement with GFL Environmental Inc. to resolve litigation related to its purchase of Terrapure Environmental Ltd.
On November 30, 2021, the Bureau challenged the acquisition before the Competition Tribunal after concluding that it had likely substantially lessened competition in the markets for industrial waste services (IWS) and oil recycling services (ORS) in western Canada.
The Bureau had filed an application for a court order requiring GFL to sell any assets necessary to remedy the likely substantial lessening of competition resulting from the acquisition.
The agreement is the result of the mediation process available in all Tribunal proceedings. The mediator was a judicial member of the Competition Tribunal, the Honourable Jocelyne Gagné, Associate Chief Justice of the Federal Court.
To resolve the Bureau's concerns, GFL has agreed to sell seven of its IWS and ORS facilities to a buyer acceptable to the Commissioner. These facilities are located in the following regions:
- Nanaimo, BC;
- Kelowna, BC;
- Prince George, BC;
- Nobleford, AB;
- Big Valley, AB;
- Lloydminster, AB; and
- Maidstone, SK.
The Commissioner is pleased to arrive at a negotiated resolution at an early stage of the litigation process. This agreement is necessary to preserve competition and Canadian businesses will benefit as a result.
Today's agreement concludes the Bureau's legal action against GFL. A copy of the full agreement is available on the Competition Tribunal website.
