This article, which was originally published on the CompLaw Blog, explores the different conclusions Canada and the U.S. arrived at in the review of that transaction and how the two countries differ on industrial review. This paper presented at the Antitrust in the Americas Conference of the American Bar Association begins with an overview of the Canadian merger review process, followed by a comparison of the U.S. and Canadian timelines for contested cases and a discussion of some atypical bases on which the Canadian competition authority has found proposed mergers to be anti-competitive. Finally, the paper discusses the efficiency defence in the merger provisions of the Canadian Competition Act.
Disclosure Interrupted: CSA Pauses Climate and Diversity Disclosure Rules
Apr. 28, 2025 - The Canadian Securities Administrators (CSA) is pausing its work on climate-related and diversity-related disclosure rules in order “to support Canadian markets and issuers as they adapt to the recent developments in the U.S. and globally. ” Consistent with the CSA’s recent regulatory shift...
Canada Updates National Security Review Guidelines Amid Trade Tensions
Mar. 06, 2025 - Canada’s Minister of Innovation, Science and Industry (Minister), François-Philippe Champagne, has announced an update to the Investment Canada Act (ICA) National Security Review Guidelines (Guidelines) to expressly include “the potential of the investment to undermine Canada’s economic...
