OTTAWA, March 23, 2012 — The Competition Bureau today published two draft Pre-Merger Notification Interpretation Guidelines for consultation.
The first publication, Pre-Merger Notification Interpretation Guideline #12: Requirement to Submit a New Pre-Merger Notification and/or ARC Request Where a Proposed Transaction is Subsequently Amended, provides guidance to parties where they have amended a proposed transaction as to whether they will be required to submit a new notification and/or request for an Advance Ruling Certificate (ARC).
The second publication, Pre-Merger Notification Interpretation Guideline #14: Duplication Arising From Transactions Between Affiliates, provides guidance to parties when calculating whether a proposed transaction exceeds the party size and transaction size thresholds under sections 109 and 110 of the Competition Act; in particular, it clarifies what amounts may be deducted owing to duplication in determining whether notification thresholds have been exceeded, where a proposed transaction involves affiliates.
Interested parties are asked to e-mail, fax, or mail their comments no later than the close of business on May 25, 2012, to:Merger Notification Unit
50 Victoria Street
Gatineau, Quebec K1A 0C9
Telephone: 819-953-4297 or 819-994-0378
The Competition Bureau, as an independent law enforcement agency, ensures that Canadian businesses and consumers prosper in a competitive and innovative marketplace.
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