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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.

 

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 Reviews

Obtain the latest information on the Competition Bureau's involvement in industry specific mergers.

Airline Industry

• Competition Bureau Clarifies Enforcement Approach in the Airline Industry > Ottawa, September 23, 2004

Financial Industry

• Acquisition of John Hancock Subsidiary Maritime Life by Manulife Financial Corporation Receives Government Approval > Ottawa, April 21, 2004

Food Industry

• Beef Merger Can Proceed Following Bureau Scrutiny > Ottawa, August 30, 2005
• Food Processors Can Merge Following Competition Review > Ottawa, March 30, 2004

Forestry Industry

• Bureau Resolves Competition Issues in Forestry Merger > Ottawa, April 1, 2004
• Competition Bureau Reaches Agreement to Preserve Competition in Two B.C. Forestry Markets > Ottawa, December 7, 2004
• Hold Separate Agreement filed in Riverside-Tolko Merger > Ottawa, November 18, 2004

Media Industry

• The Competition Bureau’s Work in Media Industries: Background for the Senate Committee on Transport and Communications > Ottawa, April 2, 2004
• Remarks to the Standing Senate Committee on Transport and Communications Hearing on: the current state of the Canadian media industries; emerging trends and developments in those industries; the media's role, rights, and responsibilities in Canadian society; and, appropriate future policies relating thereto > September 23, 2003

Telecommunications Industry

• Rogers-Microcell Merger Clears Bureau Scrutiny > Ottawa, November 3, 2004
• Competition Bureau will not challenge Sony-BMG Joint Venture > Ottawa, July 29, 2004

Theatrical Exhibition

• Competition Bureau Screens Cinema Merger: Cineplex Must Sell off 35 Theatres > Ottawa, June 13, 2005

Transportation Industry

• Competition Bureau Obtains Remedies in BC Rail Merger > Ottawa, July 2, 2004

Waste Industry

• Competition Bureau Approves Divestiture of Ridge Landfill to BFI Canada > Ottawa, January 4, 2005
• Waste Management Must Sell Ridge Landfill > Ottawa, November 23, 2004
• Divestiture of Ridge Landfill Resumes > Ottawa, July 2, 2004

 

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

Anthony Durocher
Competition Law Officer
Merger Notification Unit
(819) 953-7092
e-mail: durocher.anthony@cb-bc.gc.ca

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