Yes, I would tend to say you are right.
On the first question regarding the behaviour of the corporations, we have to understand that corporations do what they have to do. They have legislation. They hire lawyers and consultants, and they make arguments. The more legislation there is, the more arguments there will be. Especially when it is in the law, judges feel they are able to interpret it. The end result is precisely judgments like Tervita Corporation.
When it is policies of the competition bureau or the authority in place, judges tend to show a certain restraint and give the bureau the benefit of the doubt. I think it is still a good idea to have a balanced law.
On the 60% figure, in the other territories, so that is the European Union and the United States, on the issue of controlling concentrations, they start with tests based on the Herfindahl-Hirschman index, or HHI: all of the concentration indices we have at present or we will have if Bill C‑59 is passed. Market share does not play an enormous role because it is not a very good indicator.