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ARTICLE · 09 JANUARY 2014

2014 Thresholds For Competition Act Merger Notification And Investment Canada Act Review

Both the Competition Act and the Investment Canada Act thresholds for review of acquisitions of Canadian businesses are expected to increase in 2014.

CanadaAntitrust/Competition Law

Both the Competition Act and the Investment Canada Act thresholds for review of acquisitions of Canadian businesses are expected to increase in 2014, to C$82 million and C$354 million respectively, although these increases have yet to be officially confirmed by the Minister, and in the case of the Competition Act merger notification "size of target" threshold, is subject to his discretion.

Competition Act:

The Competition Bureau must generally be given advance notice of proposed transactions under the merger notification provisions of the Competition Act, when the "size of the target" exceeds the specified threshold, and when the combined Canadian assets or revenues "in, from or into" Canada of the parties together with their respective affiliates (the "size of parties" test) exceeds C$400 million. Transactions involving Canadian subsidiaries, as well as the direct acquisition of Canadian businesses or assets, and acquisitions of interests as little as 20% (for

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