Recent amendments to Canada’s Competition Act introduced a rebuttable structural presumption for merger review. Under this framework, a merger is presumed anticompetitive if it exceeds prescribed market share and concentration thresholds, unless the merging parties can successfully rebut that presumption.
This article, authored by CRA’s Ian Cass, provides a brief reference guide along with a visual tool to help assess whether a merger meets the prescribed market share and concentration thresholds to trigger the presumption. It also compares these thresholds to those set out in prior Competition Bureau guidance and briefly comments on the potential implications for merger risk.
This article is designed to be a practical resource for practitioners, the business community, and other stakeholders navigating the merger review and clearance process in Canada.
Read the full article on Canada’s rebuttable structural presumption here.
