Sept. 30, 2019 - Canada’s Competition Bureau is actively seeking and reviewing smaller acquisitions that may not exceed pre-merger notification thresholds under the Competition Act but that may nonetheless raise substantive competition issues. The Bureau’s demonstrated interest in evaluating smaller mergers...
Fulfilling the Promise: Proposals for a More Efficient Merger Review Process in Canada
Competition Bureau resources are being wasted on the analysis of non-problematic mergers and the review of more complex transactions is taking too long. Both developments suggest that legislative amendments are required to better focus the expenditure of public resources and avoid discouraging investments and growth.
Substantial amendments to the Canadian Competition Act in 2009 included an overhaul of the merger review process. The amendments significantly lengthened the potential waiting periods during which parties cannot close a proposed transaction and expanded the scope of information that the Bureau can compel from merging parties without seeking a court order. In this and other respects, discretionary decisions of the Bureau can impose significant costs and delays on Canadian businesses.
Sept. 24, 2019 - The Supreme Court of Canada has released its long-awaited decision in two companion appeals that have significant implications for class actions alleging conduct that contravenes the criminal provisions found in Part VI of the Competition Act (Act). In its decision in Pioneer Corporation...