Toolkit For Merger Planning And Review

Introduction

We have prepared this Toolkit for Merger Planning and Review ("Toolkit") to help guide you through the merger review process in Canada. Many government agencies, including the Canadian Competition Bureau and Investment Canada, have the authority to review, challenge or block a merger. Effective navigation of the Canadian merger review process is essential to getting your deal done, and Blakes can help you along the way.

Keep this Toolkit handy as it will guide you through the process from start to finish. We begin by answering some of the most common questions about merger review, including whether a transaction must be reported to the Competition Bureau or Investment Canada before closing. We then offer guidance on internal preparations your company should undertake, specifically looking at what to do before the deal is announced in due diligence, in deal negotiations and in allocating risk through transaction structuring. The Toolkit then takes you through the formal filing process. Finally, the Toolkit provides guidance on responding to information requests from the government and effective use of technology that can assist you in responding to such requests. We also present an overview of the efficiencies defence and failing firm arguments, which may assist in getting your deal through, if certain criteria are met.

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Download - Toolkit for Merger Planning and Review (pdf)

Originally published May 21, 2020

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.