Neda Sheridan
Executive Vice President, Corporate Actions, Computershare US
Cross-border deal challenges
When examining cross-border deals in and outside of North America, there are many complexities. In numerous countries, there are political risks, supply chain issues, AI-driven threats and other concerns all to be considered apart from the basic details of how the business operates, the market, competition, foreign currency, and other factors.
Canadian foreign investment legislation
When looking at US cross-border deals, companies need to account for the Canadian Competition Act, addressing anti-trust legislation, and Invest Canada Act, for foreign investment legislation.
Some of the considerations under these acts include:
- Time for analysis
- Time for review by government and/or the Competition Bureau
- Labor or supply chain issues to consider in terms of process and timing
The timelines for completing these transactions have increased due to several factors including mandatory notification requirements, net benefit analysis and national security review – which all need to be considered in setting a timeline.
The tariffs imposed by the US administration on Canada have impacted deal flows to a certain degree. It seems that fewer US companies are planning acquisitions in Canada, but there are more Canadian companies looking to acquire in the US, possibly to navigate the tariff barrier.
Canadian regulatory thresholds
Under the Competition Act and Invest Canada Act, there are regulatory thresholds – deal size threshold and party size threshold – including asset and revenue benchmarks, with the numbers changing annually.
The deal size threshold is the financial value of the transaction. The party size threshold is the aggregate book value of assets in Canada.
A major recent change in the application of the Competition Act relates to how mergers and acquisitions are reviewed, especially when they result in a high concentration of market share. Specifically, if a proposed transaction would result in a company holding a significant share of a particular market – typically around the 30% threshold – there is now a rebuttable presumption that the transaction will substantially lessen or prevent competition.
When investments involve sensitive sectors like critical minerals, infrastructure, or technology, the threshold does not apply. The government reviews these automatically for national security concerns and ensures there is no reasonable risk to the country's security.
Event preparation and execution
Some final tips on executing a successful event.
- Early preparation – Start to prepare early, to give you and your team sufficient time to identify and address any issues that may arise.
- Clear deal rationale – Develop a well-defined deal rationale that is understood by and agreed to by your management team.
- Adaptive strategies – With the volatility and complexity of today’s deal environment, it is important to be flexible and willing to redefine processes, as traditional approaches may not always be effective.
To learn how Computershare can assist with your upcoming M&A or corporate action event, please contact your Relationship Manager.
Computershare is not providing, and does not intend to provide, any legal, tax or investment advice.