Jurisdiction(s):
United Kingdom

Key definition

Merger control definition

What does Merger control mean? Merger control is the review of mergers, acquisitions and certain joint ventures by competition authorities to prevent anti-competitive effects and to clear, condition or prohibit deals. In the UK, it is governed by the enterprise Act 2002 (as amended). The competition and markets authority (CMA) may review completed or anticipated deals where a 'relevant merger situation' arises: enterprises cease to be distinct and either the target’s UK turnover exceeds £70m or the parties meet/increase a 25% share of supply in the UK (or a substantial part). Notification is voluntary, but the CMA can call in transactions and impose...

Canada FDI control: Investment Canada Act overview, 2024 reforms, critical minerals and interactive digital media policies, national security trends, thresholds and procedures, penalties, and interface with Competition Act

Published by a LexisNexis Competition expert

Practice notes

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General overview of the Investment Canada Act regime

The Investment Canada Act (ICA) empowers the Canadian government to examine specified Investments by non-Canadians in Canadian enterprises and, where it deems it suitable, to stop a deal from advancing, require a completed or proposed transaction to be unwound or divestment undertaken, or grant clearance subject to investor undertakings and commitments. There are two principal components to ICA scrutiny:

the ‘net benefit review’ process,
the ‘national security review’ process

Under the net benefit review, a non-Canadian seeking to obtain control of a Canadian business (including a Canadian operation owned by a foreign parent), and whose purchase surpasses specified thresholds, must demonstrate to government that the investment will provide a net benefit to Canada. Although the ICA lists various factors to be weighed, the outcome is largely discretionary and turns on the nature and calibre of the undertakings the foreign investor is willing to offer the Canadian government concerning how the Canadian business will be run after closing. Common undertakings address the role of Canadian management; employment; and ongoing investment in the Canadian business, such as for capital expenditures and research and development, and thereby securing Canadian government approval when needed...

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Web page updated on 21/05/2026

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