Competition Bureau Merger Reviews Update

The Competition Bureau has modified the format and update frequency of its report on merger reviews, effective November 9, 2023. Previously updated monthly, the report will now be published weekly, on or after each Tuesday, detailing merger reviews commenced and completed in the preceding week. This includes transactions subject to pre-merger notification (PMN) under section 114 of the Competition Act, requests for an advance ruling certificate (ARC) under section 102, and reviews of non-notifiable transactions where concerns are anticipated.

Companies involved in merger reviews should be aware of the change in publication timing. While the Bureau will consider requests to delay or omit publication on a case-by-case basis if material harm can be demonstrated, such requests generally need to be made prior to or concurrently with the relevant filing. Parties concerned about publication timing can consider this when deciding when to submit their PMN filings or ARC requests, as the timing of these submissions directly impacts when a transaction appears in the public report.