Newsletters

April 7, 2016

109

New Competition Bureau and Investment Canada Thresholds

When mergers and acquisitions reach a certain size, calculated, for instance, by the value of the assets of the resulting corporation, parties to the transaction can be required to obtain government’s green light before finalizing the deal.

The Minister of Innovation, Science and Economic Development recently announced statutory annual adjustments to two of these thresholds.

Effective February 6, 2016, the 2016 pre-merger transaction size threshold for notification to the Competition Bureau is now $87 million (up from $86 million in 2015).

As of the same date, the 2016 Investment Canada review threshold for direct foreign acquisitions of control of a Canadian business by state-owned enterprises that are members of the World Trade Organization [WTO] is $375 million (up from $369 million in 2015).

For WTO members who are not state-owned enterprises, the threshold of $600 million set in 2015 remains in effect through 2016 and is set to increase to $800 million in 2017.  In the case of cultural enterprises, the $5-million threshold remains in place without regard to the identity of the purchaser.

To know more about transactional compliance with the Competition Act or the Investment Canada Act, please contact Sharon G. Druker.

109

Authors

Sharon G. Druker, Ad. E.

Lawyer, Partner and Head of the Corporate Services Department

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