ARTICLE
16 March 2009

Competition Act And Investment Canada Act Amendments Now In Force

TL
Torys LLP

Contributor

Torys LLP is a respected international business law firm with a reputation for quality, innovation and teamwork. Our experience, our collaborative practice style, and the insight and imagination we bring to our work have made us our clients' choice for their largest and most complex transactions as well as for general matters in which strategic advice is key.
On February 9, we reported that the federal government had tabled Bill C-10, which, in addition to implementing the government's January 27 budget, would amend the Competition Act in a number of important areas, including merger notification and review, agreements between competitors, and pricing and distribution.
Canada Antitrust/Competition Law

On February 9, we reported that the federal government had tabled Bill C-10, which, in addition to implementing the government's January 27 budget, would amend the Competition Act in a number of important areas, including merger notification and review, agreements between competitors, and pricing and distribution. For further information, see Torys' C&A bulletin.1

On March 12, Bill C-10 was passed by the Senate and subsequently received royal assent. As a result, the amendments are now in force (other than the changes to the criminal conspiracy provision, which are subject to a one-year transitional period). We expect that regulations and guidance on the interpretation of the new legislation will be issued in the coming weeks and months.

Bill C-10 also amends the Investment Canada Act, increasing the foreign investment review threshold from $312 million in asset value to $600 million in enterprise value; removing the special low review thresholds for foreign investments in the transportation, financial services and uranium sectors; and providing for the review of any foreign investment, regardless of its size, that could be "injurious to national security." The new review threshold will increase to $1 billion over the next four years (thereafter, it will be subject to annual inflation-adjusted changes) and will come into force once regulations defining "enterprise value" have been finalized.

Footnote

1.See http://www.torys.com/Publications/Documents/Publication%20PDFs/CA2009-1.pdf .

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