Contagious Presumptions: Will U.S. Antitrust Transform Canadian Merger Review?

Canada’s Competition Act has recently been substantially reformed through a wide-ranging set of amendments. Among these, merger reviews are now subject to a structural presumption that encodes in statute the market share and concentration thresholds provided for under the U.S. 2023 Merger Guidelines. It is no surprise that the enforcement priorities, statutory frameworks and, in some cases, analytical conclusions applied to merger control in Canada align closely with those of the U.S. Not only