Practice Area 06

Merger Review
Mergers & Acquisitions

Pre-merger notification, substantive merger analysis under new structural presumptions, and Competition Tribunal litigation experience — including contested proceedings.

The 2024 amendments introduced structural presumptions and repealed the efficiencies defence — fundamentally changing the merger review landscape in Canada. Every transaction with a Canadian competition dimension warrants careful upfront analysis.

We advise on pre-merger notification filings, substantive merger analysis, remedies, and Competition Tribunal litigation. Our deal-focused approach integrates competition counsel seamlessly into transaction timelines — identifying risk early and providing clear, actionable advice throughout the process.

Joshua has acted in contested merger proceedings before the Competition Tribunal, including for Parrish & Heimbecker, Limited in its acquisition of grain elevators from Louis Dreyfus Company.

Areas of Focus

The repeal of the efficiencies defence and the introduction of structural presumptions require a more sophisticated upfront analysis of market share and concentration than was previously necessary. We help transaction teams build that analysis into deal structuring from day one.

Every file: Rigour & Clarity.
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