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ARTICLE · 01 MARCH 2018

Increased 2018 Competition Act And Investment Canada Act Thresholds

Two key financial thresholds relevant to the review of proposed transactions under Canada's Competition Act (CA) and Investment Canada Act (ICA) have now been increased for 2018.

CanadaAntitrust/Competition Law

Two key financial thresholds relevant to the review of proposed transactions under Canada's Competition Act (CA) and Investment Canada Act (ICA) have now been increased for 2018.

On February 9, 2018, the Competition Bureau announced an increase in the CA's "size-of-transaction" threshold—one of the two thresholds that together trigger mandatory notification of a transaction to the Competition Bureau—from CA$88 million to CA$92 million. This threshold can be reached on the basis of either the book value of assets in Canada acquired in a transaction, or by the gross revenues from sales in or from Canada generated by those assets. Additional proportional interest thresholds apply for acquisitions of shares, partnership interests or other forms of ownership, and special rules apply to amalgamations. Both the size-of-target threshold and a separate CA$400 million "size of parties" threshold (which does not change annually) must be surpassed for a transaction to be

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