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ARTICLE · 06 MARCH 2021

Lower Thresholds For Both Competition Act And Investment Canada Act In 2021

The Canadian government has lowered the 2021 thresholds for both pre-merger notification under the Competition Act and for pre-closing net benefit review of foreign investments...

CanadaAntitrust/Competition Law

The Canadian government has lowered the 2021 thresholds for both pre-merger notification under the Competition Act and for pre-closing net benefit review of foreign investments under the Investment Canada Act.

The pre-closing thresholds under both the Competition Act and Investment Canada Act have been reduced for 2021, as a result of a decline in Canadian GDP in 2020.

Competition Act

The Competition Bureau has announced that the 2021 pre-merger notification transaction-size threshold will be decreased to $93M from the current $96M. The 2021 threshold came into effect immediately following publication in the Canada Gazette Part 1 on February 13, 2021.

As a result, the Bureau must generally be given advance notice of proposed transactions when:

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