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ARTICLE · 06 FEBRUARY 2015

New 2015 Thresholds For Competition Act Merger Notification And Investment Canada Act Review

Stikeman Elliott LLP
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Both the Competition Act and the Investment Canada Act thresholds for review of acquisitions involving Canadian businesses are expected to increase in 2015.

CanadaAntitrust/Competition Law
Susan Hutton
Susan Hutton
Michael Laskey
Michael Laskey
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Both the Competition Act and the Investment Canada Act thresholds for review of acquisitions involving Canadian businesses are expected to increase in 2015. The "size of target" threshold for Competition Act notification, if adjusted pursuant to the formula prescribed in the Act, will increase to C$86 million, although this increase has yet to be confirmed by the Minister and is subject to his discretion. Industry Canada has announced that the threshold for review applying to most direct acquisitions under the Investment Canada Act will increase to C$369 million for transactions closing in the remainder of 2015.

Competition Act:

The Competition Bureau must generally be given advance notice of proposed transactions under the merger notification provisions of the Competition Act, when the "size of the target" exceeds the specified threshold, and when the combined Canadian assets or revenues "in, from or into" Canada of the parties together with their respective

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