Competition Bureau Timing Agreement

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Join our panel to have a discussion on the typical timing agreement. We will address issues such as the results of the CN/H&R merger review; the main benefits and challenges of the model; and considerations regarding the use of the time agreement model when reviewing reportable transactions. The Bureau has recently expanded the role of the Merger Intelligence and Notification Unit to focus more on gathering information, including in the context of unresolved transactions. Based on the Bureau`s recent advice, it appears that it has become more active in tracking non-reporting transactions that may raise competition concerns. Article 96 of the Act provides for an exception to the effectiveness of the provisions of Article 92. In the absence of a time agreement acceptable to the Bureau, it would appear that more efficient performance and, in particular, whether the efficiency gains resulting from a concentration are greater than the anti-competitive and ungroomed effects, will be analysed for the first time by the Tribunal and not by the Bureau ahead of a foreseeable dispute – an outcome that increases costs. Uncertainty and timelines for the Bureau and the merging parties. In view of the conditions set out in this Agreement, the sufficient level of which is recognised, the Parties agree that the vast majority of concentrations do not raise any objections under Section 92 of the Act. . . .


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