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ARTICLE · 29 MAY 2019

New Merger Review Thresholds Introduced For 2019: The Competition Act And Investment Canada Act

Burnet, Duckworth & Palmer LLP
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The threshold for pre-closing merger notification under the Competition Act and certain thresholds for pre-closing foreign investment reviews under the Investment Canada Act have been adjusted for inflation for 2019.

CanadaAntitrust/Competition Law
Brittney LaBranche
Brittney LaBranche
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The threshold for pre-closing merger notification under the Competition Act and certain thresholds for pre-closing foreign investment reviews under the Investment Canada Act have been adjusted for inflation for 2019.

Competition Act

The "transaction size" threshold has increased from $92 million to $96 million.

Transactions that exceed both the (i) party-size threshold, and (ii) transaction-size threshold, require pre-closing merger notification to the Competition Bureau before they can close.

Party Size Threshold: the parties, together with their affiliates, have assets in Canada, or gross revenue from sales in, from, or into Canada, that exceed $400 million in aggregate value. This threshold is not subject to inflation adjustment.

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