The Canadian government increases the threshold for a pre-closing merger notification under the Competition Act

The threshold for certain pre-closing net benefit reviews under the Investment Canada Act (ICA) and the threshold for a pre-closing merger notification under the Competition Act have been increased for 2016. Competition Act Canada uses a two-part test for determining whether a pre-merger notification is necessary. The two-part test is based on the size of the parties and the size of the transaction. The transaction size component can be adjusted annually for inflation. Under the size of the parties test, the parties, together with their affiliates, must have aggregate assets in Canada or annual gross revenues from sales in, from or into Canada, in excess of $400

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  • Norton Rose Fulbright (Toronto)

Quotation

Kevin Ackhurst, The Canadian government increases the threshold for a pre-closing merger notification under the Competition Act, 5 February 2016, e-Competitions Bulletin February 2016, Art. N° 78292

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