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Navigating Canada’s Competition Act: How to determine if your transaction meets merger notification thresholds

May 25, 2016

Use our notification tool to quickly determine merger notification requirements.

Under Canada’s Competition Act, any merger may be reviewed by the Commissioner of Competition and his staff at the Competition Bureau for purposes of determining whether it is likely to substantially lessen or prevent competition. However, certain types of transactions that exceed certain financial thresholds are subject to a mandatory pre-closing notification regime regardless of their likely impact on competition.

Use our interactive tool, A Guide to Canada's Merger Notification Rules, to quickly determine whether your transaction may be subject to the mandatory pre-closing notification regime of the Competition Act.

Based on your responses to questions about your transaction, the tool provides helpful guidance regarding merger notification requirements, including the following:

  • whether your transaction meets the Competition Act’s merger notification thresholds
  • whether your transaction may qualify for an exemption from notification
  • what your options are for compliance with the notification requirements and their implications for the timing of your transaction

 

A Guide to Canada's Merger Notification Rules

How the notification tool can help you

Self-serve legal information, available any time, anywhere

Designed by our competition law experts for use by counsel and business professionals, this innovative online tool is convenient and simple to use – and makes information readily available at any time. By answering short yes-or-no questions, you can easily find out whether notification may be required – when it is suitable for you.

Smart, reliable guidance for determining notification requirements

The mandatory notification regime only applies to certain transactions – those that meet both Party Size and Transaction Type thresholds. With a few clicks, the notification tool will help you determine whether your transaction meets the notification thresholds and, if so, whether an exemption may apply. If an exemption is not available, options for compliance are identified as well as requirements for closing. It is, however, important to recognize that the Commissioner of Competition has the right to review and challenge any merger, regardless of whether it is subject to the notification regime, if the Commissioner believes that the merger is likely to substantially lessen or prevent competition in a relevant market.

For more information on our interactive notification tool or Canada's merger notification requirements, contact a member of our Competition Group.
 

 

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