mergers 

 

As industry players acquire their competitors around the world, competition authorities are increasingly taking notice. Deals that focus market power in the hands of just a few participants are under heightened scrutiny. As a result, there is an increased possibility that proposed mergers, acquisitions and alliances will be investigated—and possibly challenged—before they are allowed to proceed.

To comply with the regulatory requirements that affect their growth strategies, companies must ensure they have a complete understanding of the regulatory regimes and economic sensitivities that may arise from their M&A activity. This often requires a global view, as regulators frequently coordinate their efforts across jurisdictions.

McMillan's Competition and Antitrust Group delivers a complete range of services to clients seeking approval for their deals. We work closely with clients to develop a deep understanding of the transaction at hand, and the potential competition-related challenges that could delay or block its approval.

When necessary, we collaborate with colleagues in McMillan's other practice areas to design an approach that manages every aspect of the review and helps get the deal approved. Our goal is to protect and advance our clients' commercial interests cost-effectively.

McMillan professionals help clients lead by:

  • Advising on the potential competitive implications of proposed transactions
  • Navigating the Canadian Competition Act and the Investment Canada Act processes
  • Coordinating approvals in non-Canadian jurisdictions with foreign colleagues
  • Preparing and coordinating merger notification filings
  • Managing Supplementary Information Requests
  • Representing merger parties before the Competition Tribunal
  • Representing parties that are contesting transactions
  • Negotiating solutions with enforcement authorities to move deals forward
  • Defending against decisions to block a transaction
March 2017

Competition Bulletin

February 2016
Competition Bulletin
2016
Global Competition Review
October 2015
Securities Bulletin
September 2015
Mergers & Acquisitions Bulletin
September 2015
Capital Markets Bulletin
2015
American Bar Association's Transportation and Energy Industries Committee Newsletter
2015
Getting the Deal Through
February 2015

Competition Bulletin

January 2015
Competition Bulletin
January 2015
Competition Bulletin
2015

Global Competition Review

December 2014
Competition Bulletin
March 2014
Competition Bulletin
January 2014
Competition Bulletin
2013
Canadian Competition Law Review
June 2013
Both Sides Now: A Brief Reflection on the Two Sided Market Debate
Competition Policy International, CPI Antitrust Chronicle Article
May 2013
Competition Bureau Shares Its Thinking on Mergers
Toronto Law Journal
May 2013
Getting the Deal Through – Merger Control 2014, Canada chapter
Global Competition Review
March 2013
Competition Bulletin
January 2013
Competition Bulletin
December 2012
Canadian Merger Enforcement: Trouble – Just as Promised
Antitrust Report, Issue 3, 2012
September 2012
Competition Bulletin
August 2012
Competition Bulletin
July 2012
Rowley & Baker: International Mergers - The Antitrust Process, Canada chapter
Sweet & Maxwell
April 2012
Competition and Antitrust Bulletin
April 2012
Getting the Deal Through - Merger Control 2013, Canada chapter
Global Competition Review
March 2012
TerraLex Connections - Newsletter
Volume IIII, Issue 1
March 2012
McMillan Competition and Antitrust Bulletin/Lexology
March 2012
The Canadian Second Request Process: An Evolving Story
Terralex Newsletter
February 2012
Competition and Antitrust Bulletin
January 2012
Competition/Antitrust Bulletin
2012
Around the World: Canadian Merger Enforcement: Trouble – Just as Promised
Antitrust Report, issue 3, 2012 -- LexisNexis
by James B. Musgrove, A. Neil Campbell and Devin Anderson
January 2012
Merger Control - Getting the Deal Through
GCR - Co-Author, Canadian Chapter
January 2012
Competition Bureau Published Revised Merger Review Process Guidelines
McMillan Competition and Antitrust Bulletin/Lexology
December 2011
Canadian Competition Bureau Updates Merger Guidelines
TerraLex Newsletter
November 2011
Merger Guidelines Updated by Competition Bureau
Toronto Law Journal
October 2011
Competition Bulletin
October 2011
Merger Remedies – Recent Developments
CBA Annual Fall Competition Law Conference
September 2011
Competition Bureau releases merger remedies study
Global Competition Review
August 2011
Mergers, Competitor Collaborations and Distribution Practices in the US and Canada
American Bar Association Annual Meeting
April 2011
Antitrust Hot Topics: What the Business Lawyer Needs to Know
Antitrust Committee, Section of Business Law, American Bar Association
March 2011
Competition Bulletin
October 2010
Canada Chapter in Getting the Deal Through - Merger Control 2011
Reproduced with permission from Law Business Research
September 2010
Joint Ventures Under the Competition Act
Canadian Bar Association, Competition Law Fall Conference
April 2010
An Antitrust Round-Up for the Business Lawyer: What's New or Developing in the US, Canada, Europe and Beyond
Antitrust Committee, Section of Business Law, American Bar Association
2010
16:1 Columbia Journal of European Law, Winter 2009/2010
January 2010
Is Your Business Ready for the Latest Changes to Canada's Competition Act?
Association of Corporate Counsel (ACC) Seminar, Montreal
November 2009
Canada's Competition Law
Carrier's Competitive Edge, Canadian Insurance Business Magazine
October 2009
Lang Michener LLP Corporate Insurance Brief Fall 2009.
Also published in International Law Office under the title "Insurance Company Mergers: A Regulatory Guide," May 26, 2009.
Also published by ABA Section of Anti-trust Law, Insurance Industry Committee, The Insurance Policy Newsletter, Winter 2009.
September 2009
New Merger Rules Raise Legal Concerns
Featured in Law Times
January 2009
The International Comparative Guide to Merger Control 2009 – Chapter 12 – Canada
Co-authored: Esther Rossman and James Musgrove
Global Legal Group
January 2009
Chapter 12 – Canada – Questions & Answers
Co-authored: Esther Rossman, James Musgrove
The International Comparative Legal Guide to Merger Control 2009
2008
Canada's Competition Law: Guidance for Insurers
ABA Section of Antitrust Law, Insurance Industry Committee, The Insurance Policy Newsletter
August 2008
Best Practices for Presenting Your Merger to Antitrust Regulators
Antitrust Committee, Section of Business Law, American Bar Association
March 2008
Competition Law Tab, Volume 1
Canada Corporations Law Report ("DCOR"), CCH Canada Limited, Release #381
December 2007
Consulegis Newsletter, Winter 2007-08
October 4, 2007
Lang Michener Mergers & Acquisitions Brief, Fall 2007
September 20, 2007
Competition and Antitrust Brief
September 2007
Published by Global Competition Review
April 17, 2007
Lang Michener Mergers and Acquisitions Brief, Spring 2007 and reprinted in the Commercial Times newsletter, published by CCH Canadian Limited, no. 480, July 2007
2007
Lang Michener Mergers & Acquisitions Brief
2007
Co-authored: S. Szentesi and James Musgrove
Lang Michener Competition Law Alert
January 2007
The Canadian Efficiencies Defence: A New Approach
Co-authored: James Musgrove and Janine MacNeil
International Antitrust Bulletin
January 2007
A Transatlantic Assessment of the Evolving Use of Behavioural Merger Remedies
Chapter V in Handbook of Transatlantic Antitrust, Philip Marsden, ed. (Edward Elgar Publishing, 2007)
December 1, 2006
Merger Review: Recent Developments
in Competition Law Essentials at a conference of the Continuing Legal Education Society of British Columbia, Vancouver, B.C
December 1, 2006
Merger Review: Recent Developments
Competition Law Essentials at a conference of the Continuing Legal Education Society of British Columbia, Vancouver, BC
November 2006
Efficiencies Again
Co-authored: James Musgrove and Janine MacNeil
Toronto Law Journal
2006
Lang Michener Mergers & Acquisitions Brief
August 2006
Lang Michener Competition & Antitrust Brief
2006
Gun-Jumping and Due Diligence Reducing Merger Risks
Lang Michener Competition and Antitrust Brief, Spring 2006, (republished in Canadian Treasurer June / July 2006, Vol. 22, p.9; Lang Michener In Brief Summer 2006 and Competition Law, Federated Press; Toronto 2006, Vol. XI, No. 1 pp.727 – 728
2006
2006
Lang Michener Competition & Antitrust Brief and Federated Press, 2006, Vol Xi, No. 1
February 2006
Article - 2006 Canadian Legal Lexpert Directory
2005
Competition & Antitrust Brief
April 2005
Competition Law Merger Notification Issues in International Transactions
The American Bar Association's Business Law Section Spring Meeting and the Canadian Corporate Counsel Association 2005 National Spring Conference
November 2004
Global Competition Review - Mergers
November 2004
Global Competition Review Briefings
2004
The Emergence of WTO Competition Law
International Trade Law & Regulation
June 2003
Lang Michener In Brief
May 2003
Global Competition Review
2002
Canadian Bar Association Competition Law Conference
August 2000
Canadian Corporate Counsel
March 2000
Antitrust Report
February 2000
Antitrust Report (co-authored with Nancy Johnson)
March 1999
Global Competition Review
1999
Canada chapter - Antitrust Law and Trade Regulation
Matthew Bender, 1999
October 1998
The Banking and Financing Review and Antitrust Report
1996
American Bar Association Canadian Law Newsletter