Canadian Competition Bureau Revises Merger Review Process Guidelines

Copyright 2012, Blake, Cassels & Graydon LLP

Originally published in Blakes Bulletin on Competition, Antitrust & Foreign Investment, January 2012

On January 11, 2012, the Canadian Competition Bureau (Bureau) revised its Merger Review Process Guidelines (Guidelines). The Bureau first published these Guidelines in 2009 after Parliament amended the Competition Act (Act) to introduce the supplementary information request (SIR) process, thereby implementing a two-stage merger review in Canada.

The Bureau can issue an SIR to parties to a proposed transaction when their transaction exceeds the pre-merger notification thresholds set out at Part IX of the Act. Parties subject to Part IX are prohibited from completing the transaction until the expiry or waiver of an initial 30-day waiting period. When, however, the Bureau issues an SIR, absent Bureau clearance the parties are prohibited from completing the transaction until 30 days after they have complied with the SIR