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ARTICLE · 08 FEBRUARY 2023

2023 Merger Notification And Investment Canada Act Thresholds Updates

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The 2023 updates to the notification thresholds under Canada's Competition Act and Investment Canada Act have been announced.

CanadaAntitrust/Competition Law
McMillan LLP
McMillan LLP
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The 2023 updates to the notification thresholds under Canada's Competition Act and Investment Canada Act have been announced. For the second year in a row, this time after a period of historically high inflation, the Minister of Innovation, Science and Industry elected to leave the Competition Act size of target threshold unchanged at $93 million. Last year was the first time the Minister elected not to change this threshold, which has generally followed GDP changes in a largely mechanical fashion. The Minister indicated that he made this decision, somewhat counterintuitively, in part due to the rising cost of living, stating, "our government continues to do everything it can to make life more affordable, including ensuring a more competitive marketplace." This policy choice is also said to reflect the government's ongoing commitment to increased scrutiny and robust enforcement by the Competition Bureau.

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The foregoing provides only an overview and does not constitute legal advice. Readers are cautioned against making any decisions based on this material alone. Rather, specific legal advice should be obtained.

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