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ARTICLE · 05 JUNE 2019

Competition Bureau Expands Merger Investigation Activities

Parties who fail to do so may find themselves involved in an unexpected Bureau review of their proposed or completed merger.

CanadaAntitrust/Competition Law

In a recent speech given at the Canadian Bar Association's Competition Law Spring Conference, Commissioner of Competition, Matthew Boswell, announced the Bureau's decision to place more focus on identifying non-notifiable mergers which could potentially raise competition law concerns.

While the Competition Act ("the Act") requires pre-merger notification of certain proposed mergers when prescribed monetary thresholds are exceeded, the Act has application to all mergers, both proposed and recently completed, where such mergers prevent or lessen, or are likely to prevent or lessen, competition substantially. In an effort to identify potentially problematic non-notifiable mergers, the role of the Bureau's Merger Intelligence and Notification Unit has been expanded to include a broader focus on intelligence gathering with respect to non-notifiable merger transactions. Within two months of the implementation of this broader focus, the Bureau has already detected two

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