The only thing I would point out, as you noted, is that the efficiencies defence has already been abolished. With respect, that is actually the current law of the land.
The key, though, is there's a lacuna in that. In abolishing the efficiencies defence, efficiencies were not added as a factor that the commissioner of the Competition Tribunal can consider in the context of a proposed merger or a civil competitor collaboration. I would characterize that as an oversight, because antitrust laws globally do see efficiencies as a factor that can be considered when assessing competitive effects.
As a result of that, then, efficiency should be built into sections 93 and 90.1(2) of the Competition Act.