Will Competition Act Amendments Upend Canada's Merger Review Regime?

Amendments to the Competition Act that came into force last week should make it easier for the Commissioner of Competition to challenge complex mergers, but are likely to have little impact in most cases.

What you need to know

• Structural presumptions. The amendments introduce rebuttable presumptions that mergers are anti-competitive if they result in certain concentration levels being exceeded. In these cases, merger parties will have to prove that the proposed transaction will not in fact lessen competition.
• Key changes to other merger review provisions. The amendments make several revisions to the merger review provisions of the Competition Act. These include changes to the notification thresholds, an extension of the limitation period for challenging closed mergers, the introduction of automatic injunctions to stop certain mergers from closing, and a new remedial standard which may require merger parties to offer more significant divestiture packages to