Canadian M&A Perspectives Private and Public Mergers & Acquisitions | Private Equity

Monthly Archives: February 2012

Cutting Through! Strategies to Address Recent Developments in the Regulatory Review Process

By Oliver J. Borgers and Tyler McAuley on Posted in Private Transactions, Public M&A

In our last post we highlighted some of the important developments in the regulatory rules regarding foreign direct investment and the Competition Bureau’s merger review process. In consideration of these changes, we’ve put together some of the important strategies to keep in mind when conducting a transaction that will fall under these, or any other… → Read More

Canadian Contractual Interpretation Law: A New Edition

By McCarthy Tétrault LLP on Posted in Contractual Matters

The second edition of Canadian Contractual Interpretation Law by Geoff Hall (one of our contributing bloggers) has just been published. The book is the only text focused on contractual interpretation under Canadian common law and the new edition includes commentary on contractual interpretation under Quebec civil law. As such, it is a helpful resource for… → Read More

Competition Bureau Increases the “Transaction-Size Threshold” for Pre-Merger Notification

By Oliver J. Borgers and Tyler McAuley on Posted in Private Transactions, Public M&A

Last week we discussed the new merger review guidelines released by the Competition Bureau of Canada. On Tuesday, February 7, 2012 the Bureau announced  additional changes to one of the key thresholds that trigger pre-merger notification and the review process discussed in our earlier post. In Canada, parties are required to notify the Commissioner of Competition where… → Read More

Competition Bureau Releases New Merger Review Guidelines

By Oliver J. Borgers and Tyler McAuley on Posted in Private Transactions, Public M&A

Earlier this month, the Competition Bureau published new Guidelines for its review process under the federal Competition Act. These Guidelines describe the Bureau’s general approach to administering its review process. In general, where a proposed transaction surpasses the “party-size” and “transaction-size” thresholds parties are required to notify the Commissioner prior to completing the proposed transaction. Following… → Read More

New Thresholds for Foreign Direct Investment Review

By Oliver J. Borgers and Tyler McAuley on Posted in Private Transactions, Public M&A

In recent weeks, Industry Canada has announced important developments that affect the regulatory review process for Canadian mergers and acquisitions. Below, we give a brief introduction to the foreign direct investment review process and highlight some of these important changes. Under the Investment Canada Act, Industry Canada is empowered to receive notice and often conduct… → Read More