The federal Competition Act sets out a framework to promote and maintain fair competition and applies to Canadians and non-Canadians alike.
The chapter on Competition and Foreign Investment Laws (pdf 186kb) in our guide to Doing business in Canada addresses sections of the Competition Act relevant to an acquirer of an existing Canadian business, and also speaks to practical considerations, confidentiality and regulation of anti-competitive practices.
In addition, the chapter considers the applicability of the Investment Canada Act in M&A transactions and, more specifically, what constitutes a reviewable or notifiable transaction thereunder.
In light of recent changes to the Investment Canada Act and an increased appetite for government intervention – which have already directly impacted numerous high profile cross border deals – it is vital to consider competition and foreign investment laws and best practices early on in any deal making process. Our guide to Doing business in Canada offers a convenient primer to help you ensure your next Canadian deal is executed successfully, timely and efficiently.