News 4
Canada merger control
Produced in partnership with Davies Ward Phillips & Vineberg LLP
Practice notesCanada merger control
Produced in partnership with Davies Ward Phillips & Vineberg LLP
Practice notes
A conversation with Mark Katz, partner at Canadian law firm Davies Ward Phillips & Vineberg LLP, on key merger control issues in Canada under the Competition Act (the Act).
NOTE–to see whether notification thresholds in Canada and throughout the world are met, see Where to Notify.
General overview of the key merger control regimes in Canada
General overview of the Competition Act merger control regime
The Act authorises the Commissioner of Competition (the Commissioner) to challenge merger transactions that are likely to prevent or lessen competition substantially in a relevant market affecting Canada. The Commissioner heads the Competition Bureau (the Bureau) which is responsible for investigating merger transactions to determine if they are likely to have the proscribed anti-competitive effect.
The definition of merger for these purposes is quite broad. In addition to acquisitions of control (defined as the acquisition of a greater than 50% interest in the target entity), a merger includes any transaction by which one party acquires or establishes a significant interest in the business of another. Significant interest is interpreted as the ability
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Jurisdiction(s):
United Kingdom
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Key definition:
Merger control definition
What does Merger control mean?
The merger control rules of the UK are contained in the enterprise Act 2002, as amended. Under the UK merger control rules, the competition and markets authority has jurisdiction to review both completed and anticipated merger transactions provided there is a ‘relevant merger situation’. The UK rules do not generally apply to mergers in relation to which the European Commission has exclusive jurisdiction under the EU Merger Regulation. Where the transaction falls within the scope of any national or supranational (eg the EU or COMESA) merger control rules, it is common for the parties to the agreement to agree that the transaction shall be conditional upon merger control approvals having been received and no relevant competition authority having raised objections to the transaction (Enterprise Act 2002).
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