September 15, 2015 — OTTAWA, ON — Competition Bureau
Following a request for public comment, the Competition Bureau today published the final Pre‑Merger Notification Interpretation Guideline No. 16: Definition of "Goods" (Paragraph 111(a) of the Act). This guideline, along with other Pre‑Merger Notification Interpretation Guidelines previously published by the Bureau, assists parties and their counsel in interpreting and applying the provisions of the Competition Act relating to notifiable transactions.
The comments received from the public have been considered in the review of the final guideline.
Guideline No.16 is intended to clarify the interpretation of the word “goods” as used in paragraph 111(a) of the Competition Act and may assist businesses in determining whether a proposed acquisition of loans, mortgages or receivables must be reported to the Bureau.
In general, the Bureau must be given advance notice of proposed transactions when the target’s assets in Canada or revenues from sales in or from Canada generated from those assets exceed $86 million, and when the combined Canadian assets or revenues of the parties and their respective affiliates in, from or into Canada exceed $400 million.
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