Mergers

Under the Competition Act, mergers of all sizes and in all sectors of the economy are subject to review by the Commissioner of Competition and her staff at the Competition Bureau to determine whether they will likely result in a substantial lessening or prevention of competition.

In general, mergers are viewed positively as a means to increase competitiveness, allowing Canadians to benefit from lower prices, product choice and quality services.  However, the Bureau pays close attention to the small portion of mergers that could substantially prevent or lessen competition in particular markets.

In reviewing mergers, the Bureau considers many different elements, including the level of economic concentration in the relevant industry and the merging parties' market shares.  If the Commissioner of Competition determines that the merger is likely to affect competition, she may apply to the Competition Tribunal for an order to prevent, dissolve or alter the merger.  More information regarding the merger provisions of the Competition Act is contained in the Merger Enforcement Guidelines.

In addition, the Commissioner of Competition must be notified of all mergers that exceed certain size thresholds prior to completion. Failure to notify is a criminal offence.

All parties contemplating business mergers are strongly encouraged to contact the Competition Bureau at the earliest opportunity or before submitting a notification filing.

Key Merger Resources

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 which meet the requirements of Part IX of the Act are subject to merger notification. The Merger Notification Unit is responsible for handling all merger notifications. 

Competition Bureau Fees and Service Standards
The Competition Bureau has established fees and service standards for certain services and regulatory processes under the Competition Act . These apply to Written Opinion requests, Advance ruling Certificate requests, Merger Notification Filings and photocopies.

Merger Enforcement Guidelines
Provide's general guidance on the Competition Bureau's analytical approach to merger review.

Information Bulletin on Merger Remedies in Canada
Provide's guidance on the objectives for remedial action and the general principles applied by the Competition Bureau when it seeks, designs, and implements remedies.

Notifiable Transactions and Advance Ruling Certificates Under the Competition Act: Procedures Guide
The Guide is designed to provide an overview of the relevant provisions of Part IX of the Act and the Notifiable Transactions Regulations and to assist in determining how the Act may apply to proposed transactions. The Guide also addresses matters under sections 102 and 103 of the Act regarding the issuance of Advance Ruling Certificates.

Technical Backgrounders

Technical backgrounders allow the Bureau to provide more details to the public about its conclusions and the approach taken in particular cases that meet defined criteria.

Additional Information

Those wishing to obtain information concerning the application of the merger provisions of the Act, including those relating to notification of proposed transactions , may contact the Mergers Branch directly at the address below:

Mergers Branch
Competition Bureau
50 Victoria Street , 19th Floor
Gatineau , Quebec K1A 0C9

Tel: (819) 953-7092
Fax: (819) 953-6169

Merger Notification Unit

Daniel Campagna
Chief, Merger Notification Unit
(819) 953-4297
e-mail: campagna.daniel@cb-bc.gc.ca

Patrizia Martino
Competition Law Officer
Merger Notification Unit
(819) 953-7092
e-mail: Martino.Patrizia@cb-bc.gc.ca

 Note: The Bureau recommends that notification filings be hand-delivered.

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