The Deal’s Post

Recent amendments to the Competition Act mark a key step in overhauling Canada’s competition regime. Our lawyers detail the recent changes and their impacts, including changes to the merger review process, and reducing deceptive marketing practices: https://bit.ly/3SKPfTq

Changes to the Competition Act may have a wide-ranging effect on companies. Chris Hersh discusses the merger control amendments and how companies will need to prove a negative, demonstrating that their M&A deal will not decrease competition. Read the article and listen to our Disputed episode for all the details.

As expected, the Australian Commonwealth Treasury released an exposure draft for the proposed new Australian merger regime on 24 July 2024 in the form of the draft Treasury Laws Amendment Bill 2024: Acquisitions. The Exposure Draft progresses the Australian Government’s goal of reforming Australia’s merger control regime as currently set out in the Competition and Consumer Act 2010 (Cth). While much of the Exposure Draft gives effect to the content we identified in our second Client Alert, there are some unexpected drafting twists and turns. Our team: Dr Martyn Taylor, Dietrich Marquardt, Maxine R. and Elijah Ziegeler have summarised the key takeaways. Read more https://ow.ly/AoQ650SXlYQ

🌈 Unite the right merger talks - Combine the BC United and Conservative Parties to Defeat the Eby-NDP Folks, if your a business owner and believe in free enterprise for British Columbia, this is an extremely smart political move. I hope that both leaders have the wisdom to do what is best for BC! Our economy needs a United-Conservative Free Enterprise party to make British Columbia prosperous again. https://lnkd.in/emf2MEWM

🎁 There are many things to be thankful for this Christmas, including the CMA's proposals to reform its phase 2 merger processes. Here are some thoughts from us on this very welcome step from the CMA. As with pretty much everything, there is always more that can be done, as we'll set out in more detail in our consultation response (deadline is 8 January). #mergercontrol #mergersandacquisitions

In this article for Competition Policy International, my Jones Day colleague Koren Wong-Ervin and former FTC economist Jeremy Sandford discuss the new DOJ-FTC Merger Guidelines, focusing on strategies and practical guidance for merging parties, both before the agencies and in litigation. While many of the approaches taken in the guidelines create significant challenges for merging parties, the final document includes notable improvements relative to the draft version. Click below to download the article, which describes the opportunities created by these improvements and offers suggestions for the types of economic analysis and other evidence most likely to resonate with the agencies. https://ow.ly/3hem50Qo60z #antitrust #competition #mergersandacquisitions

Check out this insightful article from Competition Policy International on the new DOJ-FTC Merger Guidelines. my fellow partner Koren W. Wong-Ervin and former FTC Economist Jeremy Sandford provide valuable strategies and practical guidance for merging parties before the agencies and in litigation. While there are significant challenges for merging parties, the final document includes notable improvements relative to the draft version. Download the article below to learn more about the opportunities created by these improvements and offer suggestions for economic analysis and evidence that will resonate with the agencies. #antitrust #competition #mergersandacquisitions

The Treasury projects to save more than Sh2.3 billion from proposed mergers of about 35 State corporations in the first phase of restructuring through cuts on the budget for office administration, maintenance and staff remuneration. Read more: https://lnkd.in/di-bXVcK

In the third article of our series on the changes to the Competition Act, we discuss the impact of the recent amendments on merger reviews in Canada. Summary of the major changes: ♦ The new rules place a renewed importance on market shares and market concentration in the merger analysis. In many cases, transacting parties will have the burden of demonstrating that their transaction is not anticompetitive. ♦ The merger notification thresholds include sales into Canada, and therefore capture a broader set of transactions that otherwise would have escaped mandatory review under the old law. ♦ Remedying a substantially anticompetitive merger requires fixing the merger to the point that it can no longer be said to harm competition at all. Read more from McMillan LLP's Competition and Antitrust Group here: https://bit.ly/3YGVHyP #competitionlaw #antitrust #legalupdate #canadalaw

Businesses have anxiously been seeking clarity on the imposition of public interest conditions in merger transactions. We have published a five-part article series unpacking the Competition Commission's Draft Public Interest Guidelines and created a quick overview of the key takeaways. Read more: https://bit.ly/49raH5Q #CompetitionLaw