On March 23, 2012, the Competition Bureau issued two new draft merger interpretation guidelines for public consultation:

Pre-Merger Notification Interpretation Guideline #12: Requirement to Submit a New Pre-Merger Notification and/or ARC Request Where a Proposed Transaction is Subsequently Amended

Pre-Merger Notification Interpretation Guideline #14: Duplication Arising From Transactions Between Affiliates

These new interpretation guidelines provide additional guidance to merging parties as to whether a new pre-merger notification filing (or Advance Ruling Certificate application) is required where a transaction has been amended and calculation of revenues for the pre-merger notification thresholds to account for transactions between affiliates.

The Bureau’s existing merger interpretation guidelines include guidelines on the meaning of “operating business”, multi-step transactions, ordinary course exemptions, the joint venture exemption under the Act and corporate spin-offs, among others (see: Pre-Merger Notification Interpretation Guidelines – Table of Contents).

For a copy of the Bureau’s news release see:

Merger Interpretation Guidelines for Consultation

For more information about Canadian merger control see:

Canadian Merger Control

Merger Control FAQs


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