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ARTICLE · 11 FEBRUARY 2019

New 2019 Competition Act And Investment Canada Act Merger Review Thresholds

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Certain types of transactions that exceed prescribed thresholds require pre-merger notification under Canada's Competition Act.

CanadaAntitrust/Competition Law

Published by the Competition / Antitrust & Foreign Investment Group

Competition Act

Certain types of transactions that exceed prescribed thresholds require pre-merger notification under Canada's Competition Act. Such transactions cannot be completed until notice has been given to the Commissioner of Competition and the statutory waiting period has expired or, alternatively, has been terminated early or waived by the Commissioner.  One of these thresholds, the transaction-size threshold, is subject to an annual index adjustment.  As of February 2, 2019, the transaction-size threshold increased to C$96 million (from C$92 million in 2018).  This threshold looks at the aggregate value of assets in Canada of the target (or of the assets in Canada that are the subject of the transaction) or the annual gross revenues from sales in or from Canada generated by those assets.  The application of this threshold varies by the type of transaction.  No other changes have been

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