Threshold for Pre-Merger Notification to Stay at $93M in 2023

Competition Bureau Canada

The Competition Bureau confirmed today that in 2023 the pre-merger notification threshold relating to transaction size will remain unchanged following a decision by the Minister of Innovation, Science and Industry to maintain the current threshold of $93 million.

Under the Competition Act mergers of all sizes and in all sectors of the economy are subject to review by the Commissioner of Competition. The Competition Bureau must generally be given advance notice of proposed transactions when the target's assets in Canada or revenues from sales in or from Canada generated from those assets exceed $93 million, and when the combined Canadian assets or revenues of the parties and their respective affiliates in, from or into Canada exceed $400 million.

The Commissioner reviews these notifiable transactions to determine if they are likely to prevent or lessen competition substantially.

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