August 15, 2010
The Competition Bureau announced August 13ththat it would not challenge Shaw Communication Inc.’s proposed acquisition of the specialty television and over-the-air businesses of Canwest Global Communications Corp. Shaw is a broadcast distribution undertaking, its affiliate (Corus Entertainment) is a broadcasting company and Canwest owns and operates an over-the-air television network (as well as a portfolio of specialty television channels).
In making its announcement, the Bureau stated:
“Following a significant review, the Bureau has concluded that this transaction would not likely give rise to a substantial lessening or prevention of competition having regard to a number of factors, including effective remaining competition, the effect of the regulatory environment, and a lack of relevant competitive concerns on the part of market participants. In particular, with respect to the impact on advertising, the Bureau concluded that there were numerous alternative options available to advertisers.”
For more on this transaction see: Competition Bureau Clears Shaw’s Acquisition of Canwest.
Canada introduced sweeping amendments to the federal Competition Act in 2009 and 2010, including a new two-stage merger control regime similar to that of the U.S. and EU. The substantive regime for reviewing mergers in Canada has not, however, changed. All mergers in Canada, regardless of size, can be subject to review by the Competition Bureau, while mergers exceeding certain monetary size of party and size of transaction thresholds are required to be notified.
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