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Author Archives / Donald Houston

Donald Houston

Donald Houston maintains a competition practice which includes defending criminal prosecutions, civil cases before the Competition Tribunal and private actions (including class actions) in the Courts. He has frequently represented the Commissioner of Competition in the Tribunal and before the Courts. Donald also assists clients by counselling on the competition aspects of business transactions and by making representations to the Bureau in mergers and other matters. He is widely recognized as one of Canada?s leading practitioners in competition law and litigation, with over 25 years? experience in effectively representing clients on a variety of matters. Donald is the Chair of the Canadian Bar Association?s National Competition Law Section.

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New 2017 Competition Act Merger Notification Threshold

Posted in Uncategorized

The pre-merger notification transaction-size threshold for 2017 has increased to $88 million from the 2016 threshold of $87 million.  As per the indexing mechanism set out in the Competition Act (Act), the pre-merger notification threshold is reviewed annually.

The transaction-size threshold is based on the book value of assets in Canada of the target (or in the case of an asset purchase, of the assets in Canada being acquired), or the gross revenues from sales “in or from” Canada generated by those assets, calculated in accordance with the Notifiable Transactions Regulations under the Act.  The Competition Bureau must generally be … Continue Reading

Competition Tribunal Releases its Decision in the CCS Merger Case

Posted in Private Equity, Private Transactions, Public M&A

On June 15, the Competition Tribunal (Tribunal) released its decision in Commissioner of Competition v. CCS Corporation. The Tribunal ordered CCS Corporation (CCS) to divest the shares or assets of Babkirk Land Services Inc. (Babkirk), concluding that the merger was likely to prevent competition substantially in the market for the supply of secure landfill services for solid hazardous waste from oil and gas producers in northeastern British Columbia. It also found that the merger would have prevented a decrease in average prices for hazardous waste disposal (referred to as “tipping fees”) of at least 10%, although not for almost … Continue Reading