Let's try a theoretical situation very quickly. Imagine four companies in the same sector, which we'll call the retail sector—we have four retailers. Two merge, and they are just under the threshold of substantial lessening of competition; therefore, they're allowed to go ahead. Then the other two merge and are deemed to trip over the threshold, and they're challenged. They are not allowed to go ahead. In the sector, you have a bit of unfairness here: The first two were able to merge, because they were just under, but the other ones, because they were above, get a remedy, and they're forced not to merge at all, for example, so they've been treated differently even though they're in the same sector.
I think what the commissioner would say is, “Yes, but the two others should have known better when they tripped the SLPC threshold, and that's an incentive for them to never trip that threshold.” However, in practice, that can be very hard for businesses to foresee. The process is supposed to be what allows the right outcome to occur.