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ARTICLE · 30 OCTOBER 2019

Canada's Competition Bureau Is Keeping An Eye On Small M&A Deals

Norton Rose Fulbright Canada LLP
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The Competition Bureau is required to review certain merger transactions that exceed various financial thresholds, based on the size of the business being acquired and the combined size of the buyer, the target business, and their affiliates.

CanadaAntitrust/Competition Law
Kevin Ackhurst
Kevin Ackhurst
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The Competition Bureau (the "Bureau") is required to review certain merger transactions that exceed various financial thresholds, based on the size of the business being acquired and the combined size of the buyer, the target business, and their affiliates. The notification thresholds under the Competition Act (the "Act") are discussed in more detail here. The Bureau reviews transactions that exceed these thresholds ("notifiable transactions") to assess the potential competitive effects of the deal prior to its completion, and if the Bureau concludes that a transaction is likely to substantially lessen or prevent competition, they may seek a remedy (such as a divestiture) or an injunction to prevent closing. Although the Bureau has always had the jurisdiction to examine any transaction under the Act for up to one year after its completion, regardless of its size, deals that meet the criteria of a notifiable transaction create the greatest cause for concern and have

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