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ARTICLE · 14 FEBRUARY 2019

Competition Act And Investment Canada Act Thresholds Increase For 2019

Thresholds for notification of mergers under Canada's Competition Act and the review of foreign investments under the Investment Canada Act have increased for 2019.

CanadaCorporate/Commercial Law

Thresholds for notification of mergers under Canada’s Competition Act and the review of foreign investments under the Investment Canada Act have increased for 2019.

Competition Act

Under the Competition Act, the pre-merger notification “transaction-size” threshold for 2019 is now C$96 million, an increase from the 2018 threshold of C$92 million.

Transactions that exceed both the “party-size threshold” and the “transaction size” threshold require pre-merger notification to the Competition Bureau. These two thresholds are as follows:

Party-Size Threshold: This threshold is reached if the parties to a transaction, and their affiliates, have aggregate assets in Canada, or gross sales in, from or into Canada, in excess of C$400 million. This threshold does not change annually.

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