Competition Bureau Seeks Feedback on Merger Enforcement Guidelines
November 7, 2024
The Competition Bureau of Canada has released a consultation paper seeking feedback on its merger enforcement guidelines. The guidelines provide guidance to businesses on how the Bureau will assess mergers and acquisitions under the Competition Act.
The Bureau is reviewing its guidelines to ensure they are up-to-date with recent economic and legal developments. The consultation paper identifies a number of areas where the Bureau is seeking input, including:
- The definition of a merger
- The factors the Bureau considers when assessing mergers
- The remedies the Bureau may seek to address competition concerns
The Bureau is also seeking feedback on a number of specific issues, such as:
- The treatment of digital mergers
- The use of economic analysis in merger assessments
- The role of public interest considerations in merger reviews
The consultation paper is open for comment until December 16, 2024. Businesses and other stakeholders are encouraged to provide their feedback by email or mail.
Background
The Competition Act prohibits mergers that are likely to prevent or lessen competition substantially in a market. The Competition Bureau is responsible for enforcing the Act.
The Bureau’s merger enforcement guidelines provide businesses with a framework for understanding how the Bureau will assess mergers. The guidelines are not binding on the Bureau, but they are intended to provide guidance and certainty to businesses.
The Bureau’s last major review of its merger enforcement guidelines was in 2010. Since then, there have been a number of significant economic and legal developments that have affected the way the Bureau assesses mergers.
Implications
The Competition Bureau’s review of its merger enforcement guidelines is important for businesses that are considering mergers or acquisitions. The guidelines provide businesses with a roadmap for understanding how the Bureau will assess their transactions.
Businesses should carefully review the consultation paper and provide their feedback to the Bureau. The Bureau will consider all of the feedback it receives before finalizing its revised guidelines.
Additional Resources
- Competition Bureau of Canada: www.competitionbureau.gc.ca
- Merger Enforcement Guidelines Consultation Paper: www.competitionbureau.gc.ca/eic/site/cb-bc.nsf/eng/04653.html
Competition Bureau seeks feedback on merger enforcement guidelines
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