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ARTICLE · 13 FEBRUARY 2018

New Thresholds Announced For Canadian Merger Reviews

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On February 10, new thresholds for Canadian merger reviews under the Competition Act and Investment Canada Act came into effect.

CanadaAntitrust/Competition Law

On February 10, new thresholds for Canadian merger reviews under the Competition Act and Investment Canada Act came into effect.

What You Need To Know

  • The threshold for merger notification under the Competition Act has increased from $88 million to $92 million for 2018.
  • The 2018 threshold for reviews of direct investments by state-owned or influenced enterprises under the Investment Canada Act has increased from $379 million to $398 million.

The Details

Competition Act Thresholds

Pre-merger notification under Canada's Competition Act is generally required for transactions where the target has either assets in Canada or revenues in or from Canada generated from those assets of $92 million or more and where the parties to the transaction have Canadian assets in Canada or revenues from sales in, from or into Canada of $400 million or more. In some cases, additional share or partnership interest ownership levels must also be satisfied.

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