Notifiable Transactions and Advance Ruling Certificates Under the Competition Act: Procedures Guide

2000

---

Table of Contents

Part I: Introduction

---

Introduction
Merger Review under the Competition Act
Notifiable Transactions
Purposes of Prenotification of Proposed Transactions

---

Part II: Notifiable Transactions

---

Determining Whether a Proposed Transaction is Notifiable

---

Step 1: Transaction Types
Step 2: Party-Size Threshold
Step 3: Transaction-Size Threshold

---

Subsection 110(2) Asset Acquisition;
Subsection 110(3) Voting Share Acquisition;
Subsection 110(4) Amalgamation;
Subsection 110(5) Combination;
Subsection 110(6) Acquisition of an Interest in a Combination

---

Step 4: Exemptions

---

Information to be Supplied with Notices
Forms
Waiting Periods
Transaction to which subsection 114(3) of the Act applies
When Would the Commissioner Request a Long Form?
Who Must Notify?
When Should the Parties Notify?

---

Part III: Advance Ruling Certificates

---

Advance Ruling Certificate
What Factors are Relevant to the Consideration of an ARC Application?
What Type of Information Should an Applicant Submit with an ARC Application?
When Should a Party to a Proposed Merger Transaction Request an ARC?

---

Part IV: Procedural Matters

---

Merger Notification Unit - Purpose and Process

---

Receipt, Review and Acknowledgment of Notices
Receipt and Acknowledgment of ARC Requests
Answering Questions and Promoting Compliance

---

Procedural Matters

---

Fees
Multiple Step/Continuous Transactions
Below Threshold Merger Assessments
Further Acquisition of Voting Shares or Interest in a Combination
Method of Notification
Irrelevant Information
Previously Supplied Information
Where Information does not Apply
When does the Waiting Period End?
Confidentiality

---

Appendix: Cover Letter Checklist