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