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Reviewing Mergers - How to file a merger notification

All mergers are subject to the substantive merger provisions of section 92 of the Competition Act. However, only proposed merger transactions that meet the requirements of Part IX (Notifiable Transactions) of the Act are subject to merger notification.

The Merger Notification Unit is responsible for handling all merger notifications. The Unit also provides guidance to parties on filing, timing and information requirements. As well, it monitors and enforces compliance with the notification requirements under Part IX of the Act.

The Merger Notification Unit assists parties to interpret the requirements of Part IX of the Act including matters involving hypothetical transactions. Guidance is based solely on the facts presented. In complicated matters, a written description may be requested. Oral responses to hypothetical scenarios are not binding on the Commissioner and do not prevent the Commissioner from acting on her statutory duty to enforce the Act, including recommending to the Department of Justice 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 $50,000 fee. 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.