The Antitrust Review of the Americas 2014

Canada: Merger Notifications

27 August 2013

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.

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