The threshold for certain pre-closing net benefit reviews under the Investment Canada Act (ICA) and the threshold for a pre-closing merger notification under the Competition Act have now both been released for 2021. Thresholds under both statutes decreased slightly, meaning
Competition Act
Timely, or too soon? Competition Bureau releases guidance on “failing firm” claims in merger reviews
On April 29, in a rare decision based on the “failing firm” rationale, the Competition Bureau announced it would not challenge the acquisition of Total Metal Recovery (TMR) Inc. by American Iron & Metal Company Inc. (AIM), because TMR would…
Canadian Government Announces New Policy Applying “Enhanced Scrutiny” to Certain Foreign Investments During COVID-19
Market Contraction
The financial markets and global economy have experienced a precipitous decline and substantial volatility due to the economic impact of the ongoing COVID-19 pandemic. This has had a significant and immediate impact on the level of M&A activity,…
2020 merger review thresholds for Competition Act and Investment Canada Act
The threshold for certain pre-closing net benefit reviews under the Investment Canada Act (ICA) and the threshold for a pre-closing merger notification under the Competition Act have now both been released for 2020. The Commissioner of Competition announced on April…
CANADA’S COMPETITION BUREAU IS KEEPING AN EYE ON SMALL M&A DEALS
The Competition Bureau (the “Bureau”) is required to review certain merger transactions that exceed various financial thresholds, based on the size of the business being acquired and the combined size of the buyer, the target business, and their affiliates. The…
2019 merger review thresholds for Competition Act and Investment Canada Act
The threshold for certain pre-closing net benefit reviews under the Investment Canada Act (ICA) and the threshold for a pre-closing merger notification under the Competition Act have been increased for 2019.
Competition Act
Canada uses a two-part test for determining…
Foreign investment laws and increased scrutiny of M&A transactions
2018 is on pace to be a year with one of the highest total values of blocked or cancelled M&A deals in the past two decades. While this data, which was compiled by Thomson Reuters and reported by the Financial…
The Competition Bureau is soliciting feedback from stakeholders on two new advocacy initiatives
The Competition Bureau recently issued a news release soliciting feedback from stakeholders regarding two of its newest advocacy initiatives:
- Opportunities where the Bureau can support increased competition through changes to regulations or policies; and
- Input on the Bureau’s draft Market
…
Competition Act Merger Filing Fees Increases to $72,000
Effective May 1, 2018, merging parties will need to dig deeper to cover the fee that must be paid when filing a pre-merger notification or seeking an advance ruling certificate under the Competition Act. The fee is jumping from…
2018 merger review thresholds for Competition Act and Investment Canada Act
The threshold for certain pre-closing net benefit reviews under the Investment Canada Act (ICA) and the threshold for a pre-closing merger notification under the Competition Act have been increased for 2018.
Competition Act
Canada uses a two-part test…