October 23, 2010
On October 22, 2010, the Competition Bureau issued two updated merger control guidance documents: an updated Fees and Service Standards Policy for Mergers and Merger-Related Matters (“Merger Policy”) and Fees and Service Standards Handbook for Mergers and Merger-Related Matters (“Merger Handbook”) (which had been issued for public comments – see: Competition Bureau Issues New Draft Fee and Service Standards Handbook for Mergers for Comment). Both of the Bureau’s new merger guidance documents come into effect on November 2, 2010.
In releasing its new merger control guidance documents, the Bureau stated:
“The Merger Handbook and the Procedures Guide incorporate changes required owing to recent amendments to the Competition Act, the Notifiable Transactions Regulations, and the Merger Policy, as well as feedback solicited during consultations regarding fees and service standards held earlier this year.
The Merger Handbook implements service standards that reflect greater consistency with statutory waiting periods, and also reduces the information that merging parties are typically required to provide in order to commence the Bureau’s merger review service standard.
The Procedures Guide sets out the current policies and procedures relating to the submission, whether in paper form or electronically, of notifications and requests for advance ruling certificates (ARCs). In particular, procedural details for the submission of electronic and paper filings have been harmonized, such that electronic filings will only be accepted during business hours (9 a.m. to 5 p.m. ET) and any notification or ARC request submitted after 5 p.m. ET will be acknowledged on the next business day. For more information on how to file notifications and ARCs, please consult the Bureau’s Web site.”
The Bureau’s recently issued Merger Policy and Merger Handbook reflect both a general continuation of efforts by the Bureau to update and standardize its enforcement and administration procedures, as well as a recent effort to update and further standardize its approach to merger review in particular.
With respect to mergers, this has included, for example, the recent issuance of a new Bureau policy on hostile transactions (see: Competition Bureau Publishes Policy Relating to Hostile Transactions), its recent Merger Review Performance Report (see: Competition Bureau Issues New Merger Review Performance Report – May 2010) and the Bureau’s recently announced consultations on its Merger Enforcement Guidelines (see: Competition Bureau Announces Consultations on Merger Enforcement Guidelines).
____________________
SERVICES AND CONTACT
I am a Toronto competition and advertising lawyer offering business and individual clients efficient and strategic advice in relation to competition/antitrust, advertising, Internet and new media law and contest law. I also offer competition and regulatory law compliance, education and policy services to companies, trade and professional associations and government agencies.
My experience includes advising clients in Toronto, Canada and the US on the application of Canadian competition and regulatory laws and I have worked on hundreds of domestic and cross-border competition, advertising and marketing, promotional contest (sweepstakes), conspiracy (cartel), abuse of dominance, compliance, refusal to deal, pricing and distribution, Investment Canada Act and merger matters. For more information about my competition and advertising law services see: competition law services.
To contact me about a potential legal matter, see: contact
For more regulatory law updates follow me on Twitter: @CanadaAttorney
Templates/precedents and checklists to run promotional contests in Canada
Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)
