Competition and Antitrust Laws in Canada: Mergers, Joint Ventures and Competitor Collaborations
Canada's New Competition Laws for Mergers and Joint Ventures - What You Need to Know
Publisher: LexisNexis Canada
Recent sweeping changes to Canada's competition laws, including the very recent Federal Court of Appeal decision in the CCS/Complete
merger case, have raised complex challenges for lawyers and companies engaged in mergers and joint ventures. The Competition Bureau has new powers, new theories, and a host of new tools to review, restructure and challenge these business arrangements.
Today more than ever, it is critical:
- To have a solid understanding of this complex area
- To have insights into the strategies available to navigate transactions through the Competition Bureau
- To be able to structure business arrangements to comply with the competition laws
Written in plain language by leading legal experts on competition law, this book features a foreword by The Honourable Paul S. Crampton, Chief Justice of the Federal Court, who notes that the book provides "…a new benchmark for a treatise on merger review in Canada," which "builds and significantly expands upon the prior state-of-the-art."
The book also features a chapter by Margaret Sanderson, one of Canada's leading economists in the area of antitrust economics, on the economic tools most frequently used by the Canadian Competition Bureau.
This is the only book devoted solely to merger review and joint ventures under Canada's competition laws. From an insider's perspective, the book covers all aspects of merger review, including pre-merger planning and merger notification, responding to "second requests", claims of privilege, market definition, economic analysis, remedies and more. Who Will Benefit?
Table of Contents
- In-house counsel - To keep up-to-date on important information on doing deals in Canada
- Canadian competition lawyers - To assist in advising clients on competition issues relating to mergers, acquisitions and other corporate transactions
- Competition Bureau - To provide an analysis of the competition laws of Canada as they pertain to mergers, joint ventures, and other transactions
- Professors/law students - To assist in teaching competition law courses and to use as an introduction to this area of the law in Canada
- International competition lawyers - To assist in advising clients on Canadian competition issues relating to cross- border and multi-jurisdictional mergers, acquisitions and other corporate transactions
Chapter 1: History of Merger Review
Chapter 2: Notification
Chapter 3: Merger Planning and Process
Chapter 4: Economic Analysis
Chapter 5: Market Power and The Anticompetitive Threshold
Chapter 6: Market Definition
Chapter 7: Market Concentration
Chapter 8: Competitive Effects and The Evaluative Factors
Chapter 9: Merger Efficiencies
Chapter 10: Failing Firms
Chapter 11: Non-Horizontal Mergers
Chapter 12: Remedies and Enforcement
Chapter 13: Joint Ventures and Competitor Collaborations
Brian A. Facey, B.A., LL.B., LL.M. & Cassandra Brown, B.Comm., LL.B., B.C.L.
Brian A. Facey, B.A., LL.B., LL.M.
, is a top ranked competition lawyer and Co-chair of the Competition, Antitrust & Foreign Investment Group at the Canadian law firm of Blake, Cassels & Graydon LLP (Blakes). For 20 years, he has advised clients in hundreds of cross-border and domestic merger transactions and joint ventures under the Competition Act
. Mr. Facey is Chair of the Canadian Bar Association's National Competition Law Section, and was an Adjunct Professor of competition law for over a decade. He is also the co-author of Competition and Antitrust Law: Canada and the United States
(LexisNexis, 2006), which has been cited by the Federal Court of Appeal in Canada's most recent contested merger decision. Cassandra Brown, B.Comm., LL.B., B.C.L.
is an Associate in the Blakes Competition, Antitrust & Foreign Investment Group. She advises on all aspects of competition law, including mergers and acquisitions, joint ventures, distribution practices, criminal and civil investigations, and compliance. Ms. Brown also advises on foreign investment merger review under the Investment Canada Act
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