Canada: Passed Amendments to Canada's Competition Act including merger regulation

On 9 June 2022, amendments to the Canadian Competition Act as part of Bill C-19 were passed to the Canadian Senate. Regarding merger regulation, the Canadian Competition Tribunal is empowered to explicitly consider factors such as network effects, consumer choice and privacy, and quality when deciding whether to clear a merger. In particular, the Bureau may also consider whether a proposed merger would contribute to the entrenchment of the market position of the incumbent. Additionally, the amendments grant the Canadian Competition Bureau the right to make a transaction notifiable, despite failing to reach the pre-merger notification thresholds, if the transaction was designed to avoid notification.