Competition Bureau resources are being wasted on the analysis of non-problematic mergers and the review of more complex transactions is taking too long. Both developments suggest that legislative amendments are required to better focus the expenditure of public resources and avoid discouraging investments and growth.
Substantial amendments to the Canadian Competition Act in 2009 included an overhaul of the merger review process. The amendments significantly lengthened the potential waiting periods during which parties cannot close a proposed transaction and expanded the scope of information that the Bureau can compel from merging parties without seeking a court order. In this and other respects, discretionary decisions of the Bureau can impose significant costs and delays on Canadian businesses.
Comments on Competition Bureau’s Consultation on its Merger Enforcement Guidelines
Jan. 15, 2025 - Davies recently submitted comments in response to consultations initiated by the Canadian Competition Bureau’s November 7, 2024 Discussion Paper on the Bureau’s review of its Merger Enforcement Guidelines (MEGs) to better reflect recent changes to the Competition Act as well as the...
Dec. 19, 2024 - Despite a strong start to the year, activist activity in Canada in 2024 tapered to pre-pandemic levels. This reversion to more historic annual totals follows a notable resurgence of shareholder demands directed at Canadian public companies in 2023, when shareholder engagement reached its...
