Chris Hersh outlines the changes to the Competition Act and their potential impact on dealmaking in Canada

Beyond greenwashing: The other unknowns of Bill C-59 could slow the recovery of deal-making

Passed before the government took its summer break, Bill C-59, among many things, changes the review process for mergers and acquisitions and increases the fines and penalties for companies. In a complete reversal of its traditional approach, Canada’s Competition Bureau has put the burden of proof on companies to demonstrate that their merger is not anti-competitive – they essentially have to prove a negative. “That means the review process is going to become, for many deals, more complicated, longer, more expensive and potentially more uncertain,” said Chris Hersh, Canadian Head of Antitrust and Competition, in his interview with The Globe and Mail. Read the article for the details of the changes, and also watch our latest Disputed episode, Keeping up with the Competition Act, featuring a discussion with Chris Hersh and Partner Eric Lefebvre on the changes to the Act and any potential to bring about litigation.