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Competition and Antitrust Laws in Canada: Mergers, Joint Ventures and Competitor Collaborations, 3rd Edition

The only up-to-date source on navigating mergers and joint ventures through the Competition Bureau process, this text is an essential tool for anyone involved in Canadian M&A.
by (Author) , (Author)
Publisher: LexisNexis Canada
Publication Language: English
Book
$225.00
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Hardcover | 538 pages

This Product is on PreOrder
Published:
ISBN/ISSN: 9780433507086
Publisher: LexisNexis Canada

Product description

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
 

Featured Authors

Brian A. Facey
Cassandra Brown

Brian A. Facey

Brian Facey, B.A., LL.B., LL.M., is chair of the Competition, Antitrust & Foreign Investment Group at Blake, Cassels & Graydon LLP. He has long been at the forefront of this area of law and has been both the most highly nominated lawyer in Canada and “one of the world’s leading practitioners.” He was ranked as one of the top 25 most influential lawyers in Canada, and most recently “Lawyer of the Year” in 2021. As an adjunct professor for more than a decade, his treatises have been cited by all levels of court in Canada, including the Supreme Court of Canada. He has appeared on behalf of clients before the Competition Bureau, the Competition Tribunal, the Federal Court, the Federal Court of Appeal and various levels of Ontario courts. Brian is past chair of the Canadian Bar Association’s National Competition Law Section.

View all books by Brian A. Facey (6)

Cassandra Brown

Cassandra Brown, B.Comm., B.C.L., LL.B., is a partner in the Competition, Antitrust & Foreign Investment group of Blake, Cassels & Graydon LLP. She advises on all aspects of competition law, including mergers and acquisitions, joint ventures, distribution practices, criminal and civil investigations, and corporate compliance. Ms. Brown also advises on foreign investment review under the Investment Canada Act. She is the co-author of Canada’s leading text book on merger review, was an adjunct professor of competition law at Osgoode Hall, and is ranked in Chambers Canada: Canada’s Leading Lawyers for Business 2021, The Legal 500 Canada 2020 (Next Generation Partner, Competition and Antitrust), as a future leader by Who’s Who Legal: Competition (2020), which profiles the foremost practitioners in the competition community aged 45 and under, and The Best Lawyers in Canada 2021.

View all books by Cassandra Brown (2)

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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