Please join us in Toronto on Tuesday, May 7, 2019, where leading experts from Canada and abroad will explore the latest in antitrust trends and discuss their implications, and to hear the new Commissioner’s latest enforcement priorities.
The vast majority of merger transactions raise no competition issues and litigated mergers are virtually non-existent in Canada. But Competition Bureau reviews seem to be increasing in complexity and duration, even on straightforward transactions. Is it time to re-think the approach to notifying and reviewing mergers in Canada? Should notification thresholds be increased, or should the notification threshold test itself be altered? Should there be more exemptions or a policy of lighter review in certain highly competitive industries, and should the Bureau apply greater scrutiny of acquisitions by the FAANGs and other digital giants of smaller start-ups? Is the Bureau interest in minority interests and cross-directorships misplaced or justified? If mergers are not being litigated, why do we need SIRs? (In fact, why do we have a system based on the pretext of litigation at all?) With our US-style notification regime, is it time to re-think the need for no action letters? Should merger parties simply close after waiting periods expire? This panel will explore, from domestic and international perspectives, these and other aspects of modern merger review in Canada.
Speaker, Peter Glossop will discuss three proposals:
- Timing of Reviews
- Complete review in difficult cases within 6 months
- Align service standard to waiting period
- Improve SIR Process
- Narrow scope of Supplementary information Requests
- Improve disclosure when SIR issued
- Expedite Simple Cases
- Develop templates for simple ARC requests
- Assurance of 14 day review standard
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