The Antitrust Review of the Americas 2009

Canada: Merger Notifications

01 January 2009

Any merger in Canada is potentially subject to the application of Canadian merger control law. The Competition Act (Canada) (the Act), the source of Canada's antitrust law, consists of substantive provisions that empower Canada's commissioner of competition (the commissioner) to challenge mergers that are anti-competitive and procedural provisions relating to pre-merger notification. It is important to emphasise that these two sets of provisions are entirely distinct; the fact that a transaction is not pre-notifiable has no bearing on the application of the substantive provisions and vice versa. This chapter briefly describes the substantive merger provisions of the Act. It then describes the Canadian pre-merger notification regime that applies to substantial mergers (whether or not any competition concerns arise). The third part of the article discusses the Canadian merger review process and procedure. Finally, we draw the reader's attention to other merger review statutes that may give rise to additional notification obligations, including the Investment Canada Act.

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