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ARTICLE · 16 FEBRUARY 2021

New Transaction Review Thresholds Announced For Competition Act And Investment Canada Act

Blake, Cassels & Graydon LLP
Blake, Cassels & Graydon LLP
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Blake, Cassels & Graydon LLP

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The Government of Canada recently announced changes to the monetary thresholds to determine whether a review is required under the Competition Act and Investment Canada Act.

CanadaAntitrust/Competition Law

The Government of Canada recently announced changes to the monetary thresholds to determine whether a review is required under the Competition Act and Investment Canada Act. Where a transaction exceeds the applicable monetary and control thresholds under these statutes, parties to the transaction are required to submit a filing and undergo a review before the transaction can close.

It is important to check with Canadian counsel to assess which thresholds apply given the technical nature of the rules and the ability of the agencies to review transactions before or after closing, even if they do not meet the relevant thresholds.

COMPETITION ACT

  • A transaction is normally reviewable if both the “transaction size” and “party size” thresholds are exceeded.

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