2019 pre-merger notification transaction-size threshold
January 31, 2019 – OTTAWA, ON – Competition Bureau
The Competition Bureau announced today that the 2019 pre-merger notification threshold relating to transaction size will increase to $96 million from the 2018 threshold of $92 million.
Once the 2019 threshold is in effect, the Competition Bureau must generally be given advance notice of proposed transactions when the target’s assets in Canada or revenues from sales in or from Canada generated from those assets exceed $96 million, and when the combined Canadian assets or revenues of the parties and their respective affiliates in, from or into Canada exceed $400 million.
Under the Competition Act mergers of all sizes and in all sectors of the economy are subject to review by the Commissioner of Competition. The Act requires that companies notify the Commissioner if proposed mergers, acquisitions and other proposed business transactions meet certain thresholds. The Commissioner reviews these notifiable transactions to determine if they are likely to prevent or lessen competition substantially.
The 2018 threshold will come into effect immediately following publication in the Canada Gazette Part 1, which we anticipate will occur on February 2, 2019.
As per the indexing mechanism set out in the Competition Act, the pre-merger notification transaction-size threshold is reviewed annually.
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