I understand, with the committee having taken the decision to vote down clause 8, NDP-2, which modifies clause 9, would no longer create the duplication issue that was previously flagged. However, it continues to offer some other challenges, including an outright bar against mergers over 60% market share.
I believe that this committee heard from a number of witnesses who indicated that it would be unprecedented globally and not recommended for a number of reasons. It could lead to undesirable or absurd results, of course, including in a scenario where, as many in Canada's start-up ecosystem have noted, it's often via sale to a larger player that they find an exit strategy. That can also result in some pro-competitive or pro-consumer outcomes as well.
Implementing an outright bar on mergers rather than the approach that was already taken by this committee under Bill C-59, which was to reverse the burden of proof, would be a significant step forward and one that has not been supported by stakeholders and experts.