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MINUTES OF PROCEEDINGS

Meeting No. 38

Monday, April 28, 2003

The Standing Committee on Industry, Science and Technology met at 4:35 p.m. this day, in Room 269, West Block, the Chair, Walt Lastewka, presiding.

Members of the Committee presents: Larry Bagnell, Paul Crête, Brian Fitzpatrick, Walt Lastewka, Brian Masse, Dan McTeague, James Rajotte, Brent St. Denis, Paddy Torsney and Joseph Volpe.

Acting Members presents: Rose Marie Ur for Gilbert Normand and Janko Peric for Serge Marcil.

In attendance: From the Library of Parliament: Geoffrey P. Kieley and Dan Shaw, Research Officers.

From Committee’s Directorate:  Susan Baldwin, Legislative Clerk.

Pursuant to its Order of Reference of Thursday, October 24, 2002, the Committee resumed consideration of Bill C-249, An Act to amend the Competition Act (See Minutes of Proceedings, Monday, March 31, 2003, Meeting No. 33).

The Committee proceeded to Clause-by-Clause consideration of the Bill.

On Clause 1,

Dan McTeague moved, -- That Bill C-249, in Clause 1, be amended by replacing lines 4 to 19 on page 1 with the following:

“1. Subsection 96(1) of the Competition Act is replaced by the following:

96. (1) In determining, for the purposes of section 92, whether or not a merger or proposed merger prevents or lessens, or is likely to prevent or lessen, competition substantially, the Tribunal may, together with the factors that may be considered by the Tribunal under section 93, have regard to whether the merger or proposed merger has brought about or is likely to bring about gains in efficiency that will provide benefits to consumers, including competitive prices or product choices, and that would not likely be attained in the absence of the merger or proposed merger.”

After debate, the question being put on the amendment, it was adopted by a show of hands.

YEAS: (8)

NAYS: (3)

After debate, Clause 1, as amended, carried by a show of hands.

The Title carried on division.

The Bill, as amended, carried on division.

ORDERED, -- That Bill C-249, An Act to amend the Competition Act, as amended, be reprinted for the use of the House of Commons at Report Stage.

ORDERED, -- That the Chair report Bill C-249 with amendments to the House as the Fourth Report of the Committee.

At 4:53 p.m., the Committee adjourned to the call of the Chair.

Jean-François Pagé

Clerk of the Committee