The CBA Competition Law Section's Mergers Committee presents:

Non-Notifiable Mergers: A Changing Landscape?

April 21, 2021 | 12:00 PM to 1:00 PM Eastern
Online (Zoom)

The Competition Bureau, like competition agencies in other jurisdictions, actively seeks out potentially problematic mergers that are not subject to mandatory merger review. In 2019, the Competition Bureau expanded the role of the Merger Notification Unit (MNU) by directing it to look for potentially problematic mergers that would not be subject to the pre-merger notification, and renamed it the Merger Intelligence and Notification Unit (MINU) to accentuate its increased mandate. In recent years, there have been a number of non-notifiable transactions subject to in-depth reviews by the Competition Bureau, including: TMR/AIM and CN/H&R, demonstrating its continued focus on non-notifiable transactions. This panel explores: (1) whether this trend represents an enforcement shift in the Competition Bureau’s treatment of non-notifiable transactions; (2) the treatment of non-notifiable mergers in the US; and (3) how merging parties’ risk assessment and contractual protections should appropriately account for agencies’ treatment of non-notifiable mergers.

Moderator
Justine Johnston

Speakers
Jody Boudreault, Baker Botts LLP
Michael Kilby, Stikeman Elliott LLP
Stuart Lee, Competition Bureau