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ARTICLE · 04 MARCH 2021

Competition Act And Investment Canada Act: New Merger Review Thresholds In Effect

Miller Thomson
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The 2021 merger review thresholds under the Competition Act ("CA") and the Investment Canada Act ("ICA") (collectively, the "Thresholds")

CanadaAntitrust/Competition Law
Eric Dufour
Eric Dufour
Reema Mahbubani
Reema Mahbubani
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Highlights

  • The 2021 merger review thresholds under the Competition Act ("CA") and the Investment Canada Act ("ICA") (collectively, the "Thresholds") are now in full effect until the next annual adjustment.
  • The Thresholds assist in determining whether a proposed transaction triggers:
    • a pre-merger notification obligation under the CA; and
    • an obligation to file an application for review under the ICA.
  • This year marks the first time that the Thresholds have decreased, indicating the profound impact of the COVID-19 pandemic on the Canadian economy.
  • Note, if a transaction is expected to close after February 13, 2021, we suggest revisiting the CA and ICA analysis to ensure continued compliance in light of the revised Thresholds.

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