Competition and Antitrust Laws in Canada: Mergers, Joint Ventures and Competitor Collaborations, 3rd Edition
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The only up-to-date source on navigating mergers and joint ventures through the Competition Bureau process, Competition and Antitrust Laws in Canada: Mergers, Joint Ventures and Competitor Collaborations, 3rd Edition is an essential tool for anyone involved in Canadian M&A. Facey and Brown offer superior analysis and pragmatic guidance to in-house counsel, private practitioners, academics, economists, students and government agencies based on critical developments over the past three years since the previous edition.
The wide-ranging content of this text includes:
- New tips for determining whether a transaction is subject to pre-merger notification
- Helpful insights into the merger planning and review process, based on recent experience
- Recent developments affecting cross-border and international M&A
Features of This Book
- New content on digital mergers, vertical issues, international cooperation and coordination, and joint ventures
- Reviews key implications of Canadian merger legislation and Competition Bureau practice for cross-border and international M&A
- Explains new developments involving the importance of the efficiencies defence in the interpretation of the Competition Act’s merger provisions
- Analyzes the limitations on information sharing in the context of both pre-agreement due diligence and pre-closing integration, and outlines strategies for maintaining legal privilege over transaction planning documents, and allocating competition risk in transaction documents
- Explains in plain English how the Competition Bureau uses economic analysis to determine the likely impacts of a merger
- Examines how market definition will impact conclusions regarding substantive competition law concerns with a transaction
- Describes popular theories of anticompetitive harm deployed by the Competition Bureau, and how economic evidence can be used to rebut these theories and gain approval for a merger
Who Should Read This Book
- Corporate/commercial and competition lawyers who must advise their clients on mergers, pricing, advertising and marketing practices
- Any lawyer or expert who advises the Competition Bureau, the Commissioner of Competition and the Competition Tribunal, all of which who must interpret and enforce merger law
- Law students who are looking for authoritative reference materials for competition law courses
- International corporate/commercial and competition lawyers who are engaged to work on mergers with international (especially U.S.) aspects
Table of contents
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 Share and Market Concentration
Chapter 8: Competitive Effects and the Evaluative Facts
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
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