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ARTICLE · 18 NOVEMBER 2020

A Brief Look At Recent Canadian Competition

Blake, Cassels & Graydon LLP
Blake, Cassels & Graydon LLP
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Blake, Cassels & Graydon LLP

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Change abounds in 2020,particularly in the legal world. Amendments to laws and government policies are redefining how companies conduct business.

CanadaAntitrust/Competition Law
Blake, Cassels & Graydon LLP
Blake, Cassels & Graydon LLP
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Change abounds in 2020, particularly in the legal world. Amendments to laws and government policies are redefining how companies conduct business. Competition law and foreign investment review are among the areas most impacted by the current circumstances.

Below we discuss five recent trends in those areas that businesses should be aware of:

1 Merger clearance filings are on the increase. During the pandemic, merger filings at the Competition Bureau declined by 43.5 per cent in Q2 and Q3 2020 as compared to the same period in 2019. Nevertheless, M&A activity has increased since the summer, and it is expected that filings in Q4 2020 will increase materially from the lows seen in Q2. The Bureau may face challenges processing those filings, particularly if the mergers present significant competition law issues requiring additional Bureau resources. The "failing firm defence," a difficult test to meet even during COVID-19, may play an increased role in the Bureau's

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