Canada – CMP Pre-Merger Notice Threshold

Canada – CMP Pre-Merger Notice Threshold

On 11 February 2021, CAN CMP decreased threshold for pre-merger notification.

  • The 2021 pre-merger notification transaction-size threshold decreased to $93 mn.
  • As per Competition Act S 110(8) (RSC 1985 c. C-34); 2020 threshold was $96 mn.

Background

  • Under the Competition Act, all mergers are subject to review by the Commissioner.
  • CMP must generally be given notice of proposed transactions when target’s assets in Canada or revenues from sales in/from Canada generated from assets exceed $93mn.
  • As well as when the combined Canadian assets or revenues of the parties and their affiliates in, from or into Canada exceed $400 mn; the threshold is reviewed annually.

Effectiveness

  • 2021 threshold effective upon publication in official gazette, corresponding to 13 February 2021.