Jan. 21, 2020 - In our annual forecast of the year ahead for Canadian competition and foreign investment review law, we evaluate how developments in 2019 will influence these areas of the law in 2020. We discuss below the main issues and trends to watch for this year. Continued Focus on Enforcement in the...
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.
Jan. 15, 2020 - The official Annual Report under the Investment Canada Act (ICA) for the fiscal year 2018-19 was released at the end of 2019. This document sets out various statistics and other noteworthy developments during that time frame (i.e., April 1, 2018 to March 31, 2019) relating to the two...