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Foreign investment review in Canada: “Net benefit” review threshold raised, update on national security reviews

Foreign buyers of Canadian businesses are less likely to require approval from the Minister of Innovation, Science and Economic Development under the “net benefit to Canada” test as a result of increases in the review...more

A gas station hold-up: the Competition Bureau completes its review of Couche-Tard and Parkland transactions

In its latest move in the closely-monitored retail gasoline sector, the Competition Bureau (Bureau) has entered into a pair of consent agreements with Alimentation Couche-Tard (Couche-Tard) and Parkland Fuel Corporation...more

Much ado about efficiencies - Recent developments in Canadian merger control

Unique to Canada, the substantive merger control provisions of the Competition Act specifically permit the clearance of mergers that result in, or are likely to result in, a substantial lessening or prevention of competition,...more

The liberalization of Canadian foreign investment review continues

The Investment Canada Act (ICA) threshold for review of direct acquisitions of Canadian businesses by World Trade Organization (WTO) investors (or from WTO investors) has increased from CA$600 million to CA$800 million in...more

Investment Canada: National security risks in foreign acquisitions - All in the eye of the beholder?

National security risks arising from foreign investments into Canada might, to the untutored eye, seem to be matters that are objectively assessed and not subject to widely divergent interpretation. For example, if a foreign...more

Dentons' pick of global regulatory trends to watch in 2017 - National security and foreign investment review

Focus on the US - Defense and national security - The 115th Congress will mark the first opportunity in a decade for a Republican-controlled House and Senate to work with a Republican president. In 2017, leading...more

Dentons' pick of global regulatory trends to watch in 2017 - Competition/antitrust law

Focus on the US - In the wake of the 2016 elections, we now await the decision as to who will be the "antitrust guard" at the top of the US Department of Justice (DOJ) and the Federal Trade Commission (FTC). At the...more

Mapping the shoals: Canada clarifies potential national security concerns about foreign investments

On December 19, 2016, the Canadian Minister of Innovation, Science and Economic Development issued guidelines (Guidelines) on the national security review process under the Investment Canada Act (ICA)1. The Guidelines...more

Back to the drawing board: Canadian Government divestiture order in national security case set aside and new review to take place

In a consent order dated November 9, 2016, the Federal Court ordered the setting aside of a Cabinet order requiring a Chinese investor to divest control of a Canadian business for national security reasons....more

Investment Canada: Update from the Canadian Government on Foreign Investment Review

On August 4, 2016, the Director of Investments at Innovation, Science and Economic Development Canada (ISED) issued the Investment Canada Act Annual Report for 2015-16 (the Report). The Report provides an overview of how the...more

Competition/antitrust law

Focus on the US - Cartel enforcement activity and stiffer criminal penalties against price fixing - The Department of Justice (DOJ) continues to investigate and seek criminal charges against worldwide cartels. This...more

Foreign investment review and national security

Focus on the US - Scope of foreign investment review expanding in the US - The US maintains an extensive, though voluntary, foreign investment review process under the Committee on Foreign Investments in the US...more

New Bill Heightens Potential For More Investment Canada Reviews Of SOE Acquisitions

Last week the Canadian Government introduced amendments to the Investment Canada Act (ICA) to implement its revised policy towards state-owned enterprises (SOEs) which it announced in December last year....more

Canada Gets Tough On Corruption

In the wake of recent anti-corruption cases brought against two Canadian companies, the Government of Canada has signaled its continuing commitment to fight foreign corruption by proposing significant amendments to the...more

Focus On Competition, Antitrust And Foreign Investment - January 2013: "Investment Canada And Competition Law – 2012 In Review and...

In This Issue: - Investment Canada ..State-Owned Enterprises Under Scrutiny - Competition Act ..Mergers ..Cartels And Bid-Rigging ..Price Maintenance ..Abuse Of Dominance ..Competition Bureau...more

Focus on Foreign Investment: Canada Gives Green Light to CNOOC and Petronas Deals, But Red Light to Future SOE Takeovers in Oil...

On Friday, December 7th, the Canadian Government approved two controversial takeovers of Canadian companies under the Investment Canada Act, Canada’s foreign investment review legislation: the acquisition of oil and gas...more

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