Reviewing mergers - How to file a pre-merger notification
All mergers are subject to the substantive merger provisions of section 92 of the Competition Act (the “Act”). However, only proposed merger transactions that meet the requirements of Part IX (Notifiable Transactions) of the Act are subject to mandatory pre-merger notification.
The Merger Intelligence and Notification Unit (the “MINU”) is responsible for handling all merger notifications; it also provides guidance to parties on filing, timing and information requirements and monitors and enforces compliance with the notification requirements under Part IX of the Act.
The MINU also conducts active intelligence gathering with respect to non-notifiable merger transactions that may raise competition concerns. Parties to such transactions are encouraged to voluntarily engage with the MINU prior to closing and, preferably, at an early stage.
The MINU assists parties in interpreting the requirements of Part IX of the Act including matters involving hypothetical transactions. Guidance is based solely on the facts presented and, in complicated matters, a written description may be requested. Oral responses to hypothetical scenarios are not binding on the Commissioner of Competition (the “Commissioner”) and do not prevent the Commissioner from acting on their statutory duty to enforce the Act, including recommending to the Public Prosecution Service of Canada that parties be prosecuted for failure to notify.
Merging parties and their legal counsel are encouraged to disclose all relevant facts, including party names, transaction details and other relevant information, which will be treated on a confidential basis. In instances where full disclosure is provided, more definitive guidance can be rendered.
All merger notifications are subject to a $73,584 fee, which is subject to an annual Consumer Price Index adjustment effective April 1st. The Bureau will announce the adjusted fee annually. Payment to the Receiver General of Canada can be made by cheque or wire transfer. Please note that merging parties are responsible for the payment of administration fees relating to wire transfers.
For more information on Fees and Service Standards.
Find a contact in the Merger Intelligence and Notification Unit
Those wishing to obtain information concerning the Merger Intelligence and Notification Unit may contact:
Acting Team Lead, Merger Intelligence and Notification Unit
Place du Portage I
50 Victoria Street, 19th Floor
Gatineau, Quebec K1A 0C9
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