Competition Bureau
ToolsRelated topicsResourcesHow to File a Merger NotificationAll 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. The Merger Notification Unit's duties have been expanded to include responsibility for assigning and communicating to parties complexity levels on all files, reviewing as many non-complex transactions as possible, and clarifying the interpretation of Part IX of the Act through bulletins and other communication vehicles. 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 Competition Act. The Merger Notification Unit assists parties in the interpretation of the requirements of Part IX of the Competition 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 fetter the Commissioner's statutory duty to enforce the Competition 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.
Additional InformationBeginning April 1st, 2003, all merger notifications are subject to a $50,000 fee plus taxes (where applicable). Payment to the Receiver General of Canada can be made by cheque, Visa, Mastercard or wire transfer. Please note that merging parties are responsible for the payment of administration fees relating to wire transfers. See the Fees and Service Standards link for more information Those wishing to obtain information concerning the Merger Notification Unit may contact: Daniel Campagna Anthony Durocher Competition Bureau Note: The Bureau recommends that notification filings be hand-delivered
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Created: 2003-02-11 Updated: 2005-08-15 |
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