Douglas C. New

Firm/Organization: Fasken Martineau DuMoulin LLP

Blogs: Competition Chronicle, Timely Disclosure

Latest Articles

Competition Bureau Expands Merger Investigation Activities

By Douglas C. New & Sabrina Jackson-Nazareth on May 29, 2019

In a recent speech given at the Canadian Bar Association’s Competition Law Spring Conference, Commissioner of Competition, Matthew Boswell, announced the Bureau’s decision to place more focus on identifying non-notifiable mergers which could potentially raise competition law concerns. While the Competition Act (“the Act”) requires pre-merger notification of certain proposed mergers when prescribed monetary thresholds are exceeded, the Act has application to all mergers, both proposed and recently completed, where such mergers prevent or lessen,…

Timely Disclosure

Competition Act and Investment Canada Act Thresholds Announced for 2019

By Jenna L. Ward & Douglas C. New on February 15, 2019

The Competition Bureau announced the 2019 transaction-size pre-merger notification threshold under the Competition Act increased to C$96 million from C$92 million, effective February 2, 2019. Innovation, Science and Economic Development Canada also announced new foreign investment review thresholds under the Investment Canada Act, effective January 1, 2019. For more information about the new thresholds under the Competition Act and Investment Canada Act, see the Competition Chronicle.…

Competition Chronicle

Competition Act and Investment Canada Act Thresholds Announced for 2019

By Douglas C. New & Jenna L. Ward on February 8, 2019

The Competition Bureau announced the 2019 transaction-size pre-merger notification threshold under the Competition Act increased to C$96 million from C$92 million, effective February 2, 2019. Innovation, Science and Economic Development Canada also announced new foreign investment review thresholds under the Investment Canada Act, effective January 1, 2019. Competition Act In general terms, certain transactions that exceed prescribed thresholds under the Competition Act trigger a pre-merger notification filing requirement; such transactions cannot close until notice has…

Competition Chronicle

ASC Advertiser Dispute Resolution Procedure Revamped

By Douglas C. New on February 6, 2019

Ad Standards announces new process for handling competitor advertising complaints. Effective Monday, February 11, 2019, Ad Standards (ASC) will implement a new process for handling complaints between competitor advertisers. While ASC has offered a confidential procedure to deal with such disputes since 1976, it recently conducted a review to determine if the dispute resolution service could be provided in a more efficient, cost-effective and practical manner. ASC believes that its new competitor Advertising Dispute Procedure…

Competition Chronicle

Investment Canada Act threshold: exemption increases to $1.5B for EU companies acquiring Canadian businesses

By Douglas C. New on September 13, 2017

Investment Canada Act threshold exemption for European Union companies directly acquiring Canadian businesses increases to $1.5 billion effective September 21, 2017 Effective September 21, 2017, most of the provisions contained in the Canada-European Union Comprehensive Economic and Trade Agreement Implementation Act (Act), including those provisions amending the Investment Canada Act, will come into force. Currently, most direct acquisitions of Canadian businesses by foreign investors are exempt from the pre-merger review and approval process under…

Competition Chronicle

Investment Canada Act Pre-Merger Review Threshold Increases to $ 1 Billion

By Douglas C. New on June 27, 2017

Canada’s planned increase to the generally applicable threshold for “net benefit” reviews under the Investment Canada Act (ICA) from $800 million to $1 billion became effective June 22, 2017. The new $ 1 billion threshold, which is calculated using the enterprise value of the Canadian business being acquired, should have the effect of exempting most investments or dispositions by WTO investors (that are not state-owned enterprises) from the “net benefit to Canada” review process under…

Competition Chronicle

Investment Canada Act: New Threshold for the Review of Direct Investments

By Douglas C. New on April 26, 2017

Effective April 24, 2017, the review threshold under the Investment Canada Act for an investment to directly acquire control of a Canadian business (i) by a WTO investor (that is not a state-owned enterprise) and (ii) by a non-WTO investor (that is not a state-owned enterprise) where the Canadian business that is the subject of the investment is, immediately prior to the implementation of the investment, controlled by a WTO investor has been increased from…

Competition Chronicle

On Second Thought: The Government of Canada Reverses Prior National Security Ruling

By Grant LoPatriello & Douglas C. New on April 3, 2017

In what appears to be a dramatic shift in Canada’s foreign investment review policy, the federal government has recently approved the acquisition of ITF Technologies Inc. (“ITF”), a Montreal-based technology firm, by O-Net Communications Holdings Limited (“O-Net”), a Chinese developer of optical networking components, which is said to be effectively controlled by the Chinese government. Applications for ITF’s technologies include directed-energy weapons. The acquisition of ITF by O-Net first became newsworthy in July 2015 when…

Competition Chronicle

Investment Canada Act: National Security Review Powers Rarely Invoked

By Douglas C. New on January 31, 2017

Canadian government responses to two requests made by Fasken Martineau under the Access to Information Act (AIA) and the recent publication by Innovation, Science and Economic Development Canada (ISED) of its Annual Report Investment Canada Act 2015-16 evidence that Canada’s power to conduct national security reviews under the Investment Canada Act (ICA) in respect of foreign investments in Canada has rarely been invoked during the almost 8 years that such power has existed. Because of…

Competition Chronicle

Investment Canada Issues National Security Review Guidelines

By Douglas C. New & Grant LoPatriello on December 21, 2016

On December 19, 2016, the Minister of Innovation, Science and Economic Development (Minister) issued Guidelines on the National Security Review of Investments (Guidelines) in an effort to provide foreign investors and their advisers with a better understanding as to the circumstances in which a national security review might be initiated by the Government of Canada under the Investment Canada Act (Act). Background In February 2009, the Act was amended to provide the Government of Canada…

Douglas C. New

Competition Bureau Expands Merger Investigation Activities

Competition Act and Investment Canada Act Thresholds Announced for 2019

Competition Act and Investment Canada Act Thresholds Announced for 2019

ASC Advertiser Dispute Resolution Procedure Revamped

Investment Canada Act threshold: exemption increases to $1.5B for EU companies acquiring Canadian businesses

Investment Canada Act Pre-Merger Review Threshold Increases to $ 1 Billion

Investment Canada Act: New Threshold for the Review of Direct Investments

On Second Thought: The Government of Canada Reverses Prior National Security Ruling

Investment Canada Act: National Security Review Powers Rarely Invoked

Investment Canada Issues National Security Review Guidelines

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