After the Competition Bureau’s announcement last week that the pre-merger notification threshold will remain the same as last year, Global Competition Review asked Mark Katz for his thoughts on the decision.

“Although technically the Minister can decide not to follow that formula [set out in the legislation for setting the threshold annually], I believe that the threshold should be increased any year if justified by the formula,” Mark said.

“Any move to freeze or lower the threshold should come about as part of a considered discussion among stakeholders and not through administrative action,” he added. However, he noted that he doesn’t support a reduction in the threshold because the Bureau already has the authority to challenge non-notifiable transactions and is “exercising that authority vigorously.”