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Nov 7, 2024 · The merger provisions focus on whether a merger will harm competition substantially, and claimed efficiencies will typically not impact this analysis. However, in certain cases, mergers may have benefits that are pro-competitive and increase rivalry, and examining these could help us assess whether competition is likely to be harmed substantially.
- Guide to the June 2024 amendments to the Competition Act
Effective merger control is essential for Canadians to...
- Guide to the December 2023 amendments to the Competition Act
The amendments repeal the efficiency exception under the...
- Guide to the June 2024 amendments to the Competition Act
Jun 25, 2024 · Effective merger control is essential for Canadians to receive the benefits of a competitive marketplace. Anti-competitive mergers can lead to real harm in the economy, including higher prices, fewer choices, and lower levels of innovation. The Competition Act includes provisions to address anti-competitive mergers.
Jun 21, 2024 · One of the most significant changes to the Act’s merger control regime is the inclusion of new structural presumptions, pursuant to which a merger that results in, or is likely to result in, increased market share or concentration beyond prescribed thresholds is presumed to be anti-competitive, unless the merging parties can prove otherwise on a balance of probabilities.
The amendments repeal the efficiency exception under the merger review provisions of the Competition Act (section 96) so that it is no longer available going forward. The efficiency exception will, however, continue to apply to proposed transactions for which notice was given to the Commissioner before December 15, 2023, or to mergers that were substantially completed before that date.
Jun 21, 2024 · Introducing merger notification anti-avoidance provisions Anti-avoidance provisions now limit the ability of parties to structure transactions in a manner intended to avoid making a merger notification (for example, by structuring a merger as a series of smaller non-notifiable, independent transactions as opposed to a single notifiable transaction).
May 10, 2024 · They are divided into four areas: merger review, ordinary sale pricing, drip pricing and environmental claims. Merger Provisions. The Amended Bill includes two significant changes to the merger review process in Canada, including the introduction of rebuttable structural presumptions and changes to the remedial standard for anticompetitive mergers.
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Jun 24, 2024 · The Canadian Competition Act’s (the “Act”) merger provisions have been significantly reshaped through Bill C-56, which was enacted on December 15, 2023, and Bill C-59, which came into force on June 20, 2024. While the merger control regime has been left largely untouched for the past 15 years, these changes are expected to increase the number of notifiable transactions, significantly ...
