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Practices

Merger Review & Control

Fasken

Looking to complete a merger and/or acquisition? If yes, then odds are this M&A transaction must be assessed to determine whether merger control filings or foreign investment reviews are required in Canada, South Africa or other jurisdictions, and whether such transactions give rise to any substantive competition law concerns. Our Firm’s Competition, Marketing & Foreign Investment (CMFI) group is well-positioned to guide our M&A clients through merger clearance in Canada, including through the Competition Bureau, Competition Tribunal, Transport Canada and through merger clearance in South Africa through the South African Competition Commission and the Competition Tribunal.

In Canada, Our CMFI lawyers are experienced in:

  • Assessing competitive impact of proposed mergers
  • Negotiating and structuring transactions to mitigate and allocate competition law risks
  • Coordinating multi-jurisdictional competition filings and reviews
  • Providing sophisticated advocacy to clear mergers
  • Negotiating favourable remedies and orders
  • Defending mergers through litigation

We regularly advise foreign clients, including state-owned enterprises, on economic and national security reviews under Canada’s foreign investment law, the Investment Canada Act. Our team represents private equity funds, public corporations and private businesses in a wide range of industries. Whenever we act for clients, we help them ensure that their transactions are structured and presented to maximize the likelihood of clearance by competition and foreign investment agencies. This is especially important in cross-border deals where distinct domestic rules and norms apply. To this end, timetables are a crucial component of our work. We organize expert opinions and reports, draft competitive impact submissions and file the necessary applications, as well as coordinate with lawyers in other jurisdictions to meet transaction deadlines and avoid unnecessary delays.

In South Africa, our CMFI team has successfully guided clients through merger control processes across Africa in major transactions in the mining, energy, pharmaceuticals, gas, steel, infant nutrition, liquor, insurance, chemicals, agricultural seeds, crop protection, car parts, and rail transport industries, often working with instructing counsel in Europe and the United States (U.S.). Our South African competition team also has extensive experience advising and guiding clients through merger control processes in other African countries, including Botswana, Namibia, Zambia and the Common Market for Eastern and Southern Africa (COMESA).

For assistance with securing merger clearance on your current and/or future M&A transaction, contact our CMFI team to provide you with timely and pragmatic advice to get the results you are looking for.

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