The Canadian Competition Bureau (Bureau) issued two
announcements in September 2019 that impact companies doing
business in Canada. First, the Bureau will expand its monitoring of
non-notifiable transactions. Second, the Bureau called on
participants in the digital economy to submit information about
conduct in the industry that could be harmful to competition.
1. STEPPING UP MARKET SURVEILLANCE EFFORTS
On September 17, 2019, the Bureau issued a news release explaining how its Merger
Intelligence and Notification Unit (or MINU) will step up its
market surveillance efforts to uncover non-notifiable mergers that
may raise competition concerns.
Parties are only required to notify the Bureau of transactions
that meet certain financial and other thresholds in Canada.
However, the Bureau can review mergers of any size to determine
whether they are likely to raise significant competition concerns.
The Bureau can challenge a merger for up to one year following
closing.
