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Category Archives: Foreign Investment

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Investment Canada Act Pre-Merger Review Threshold Increases to $ 1 Billion

Posted in Foreign Investment
Canada’s planned increase to the generally applicable threshold for “net benefit” reviews under the Investment Canada Act (ICA) from $800 million to $1 billion became effective June 22, 2017. The new $ 1 billion threshold, which is calculated using the enterprise value of the Canadian business being acquired, should have the effect of exempting most… Continue Reading

On Second Thought: The Government of Canada Reverses Prior National Security Ruling

Posted in Foreign Investment
In what appears to be a dramatic shift in Canada’s foreign investment review policy, the federal government has recently approved the acquisition of ITF Technologies Inc. (“ITF”), a Montreal-based technology firm, by O-Net Communications Holdings Limited (“O-Net”), a Chinese developer of optical networking components, which is said to be effectively controlled by the Chinese government.… Continue Reading

Investment Canada Act: National Security Review Powers Rarely Invoked

Posted in Foreign Investment
Canadian government responses to two requests made by Fasken Martineau under the Access to Information Act (AIA) and the recent publication by Innovation, Science and Economic Development Canada (ISED) of its Annual Report Investment Canada Act 2015-16 evidence that Canada’s power to conduct national security reviews under the Investment Canada Act (ICA) in respect of… Continue Reading

Investment Canada Issues National Security Review Guidelines

Posted in Foreign Investment
On December 19, 2016, the Minister of Innovation, Science and Economic Development (Minister) issued Guidelines on the National Security Review of Investments (Guidelines) in an effort to provide foreign investors and their advisers with a better understanding as to the circumstances in which a national security review might be initiated by the Government of Canada… Continue Reading

Access to Information Request Provides Insight on Number of Canadian National Security Reviews

Posted in Foreign Investment
In 2009, the Investment Canada Act (ICA) was amended to permit the Canadian government to undertake national security reviews in respect of Canadian-related investments proposed or made by non-Canadians. For such a review to occur, the Minister responsible for the ICA must have reasonable grounds to believe that the investment could be “injurious to national… Continue Reading

The Effect of the Trans-Pacific Partnership on Competition and Foreign Investment

Posted in Competition Compliance Programs, Competition Litigation, Foreign Investment
On November 5, 2015, the parties to the Trans-Pacific Partnership (“TPP”) concluded their last round of a 5-year, 19-round negotiation. The TPP is, ostensibly, a free trade agreement between Canada and 11 other countries, including Australia, Japan, Mexico, New Zealand, and the United States. It aims to provide duty-free trade on most goods, and to… Continue Reading

Investment Canada Act

Posted in Foreign Investment
On March 25, 2015, three substantive amendments (the “Amendments”) to the Investment Canada Act (the “Act”) and its regulations were published in the Canada Gazette: Subject to certain exceptions, the “net benefit to Canada” review threshold will be increased to $600 million and will be determined based on the “enterprise value” of the Canadian business… Continue Reading

Memorandum of Understanding Between the Competition Bureau and the Ontario Securities Commission

Posted in Abuse of Dominance, Cartels & Other Competition Criminal Matters, Competition Compliance Programs, Competition Litigation, Foreign Investment, Merger Notification & Review, Monopolization, Trade Associations
On November 25, 2014, the Ontario Securities Commission (“OSC”) and the Competition Bureau (the “Bureau”, together with the OSC, the “Participants”) announced that they have signed a Memorandum of Understanding (the “MOU”), aimed at developing cooperation and effective delivery of each agency’s respective mandates. The MOU signifies the acknowledgment of the important relationship between the… Continue Reading

Competition Bureau Names New Deputy Commissioner of Competition, Competition Promotion Branch

Posted in Competition Compliance Programs, Foreign Investment, Marketing & Advertising, Monopolization, Pricing and Distribution, Trade Associations, Uncategorized
On October 3, 2014, the Commissioner of Competition (“Commissioner”) announced the appointment of Rambod Behboodi as the Deputy Commissioner of the Competition Promotion Branch – the new branch within the Competition Bureau (“Bureau”) that will be created as part of the Bureau’s realignment initiative, where its existing eight branches will be consolidated into four.  The… Continue Reading

Nordion Inc. – A “Made in Canada” Foreign Investment Solution

Posted in Competition Compliance Programs, Foreign Investment, Merger Notification & Review
Sterigenics International Inc., a sterilization services company owned by US-based private equity firm GTCR LLC, recently announced that it had entered into a definitive agreement to acquire Nordion Inc. which is a major Canadian health science company with global operations that provide sterilization technologies and medical isotopes products and services for the prevention, diagnosis and… Continue Reading

2013 Canadian Antitrust/Competition & Marketing Law Year in Review

Posted in Abuse of Dominance, Cartels & Other Competition Criminal Matters, Competition Compliance Programs, Competition Litigation, Foreign Investment, IP/Competition Interface, Marketing & Advertising, Merger Notification & Review, Monopolization, Pricing and Distribution, Trade Associations
The principal Canadian competition law theme in 2013, as with the year before, was enforcement. Criminal enforcement in the areas of price-fixing, bid-rigging and misleading advertising continued with new guilty pleas against various companies and individuals (e.g. auto parts, air cargo, chocolate, real estate advisory services contracts, gasoline and retail multiple telemarketing schemes). The Competition… Continue Reading

2013 South African Antitrust/Competition & Marketing Law Year in Review

Posted in Abuse of Dominance, Cartels & Other Competition Criminal Matters, Competition Compliance Programs, Competition Litigation, Foreign Investment, IP/Competition Interface, Marketing & Advertising, Merger Notification & Review, Monopolization, Pricing and Distribution, Trade Associations
The year of 2013 provided further opportunity for development of South Africa’s competition policy, law and practice. The year’s highlights included the conclusion of the Competition Commission’s Fast Track Settlement  process involving bid rigging in the construction sector; some important merger decisions; developments in the law on pursuit of private damages; and clarity on numerous… Continue Reading

Canada’s Merger Notification Thresholds Increase

Posted in Foreign Investment, Merger Notification & Review
Increases to the merger notification thresholds under the Competition Act and the investment review threshold under the Investment Canada Act have been announced. Competition Act  On January 20, 2014, the Competition Bureau announced that the pre-merger notification threshold relating to transaction-size for 2014 will increase to $82 million from the 2013 threshold of $80 million.… Continue Reading