M & A Law Prof Blog

Editor: Brian JM Quinn
Boston College Law School

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Monday, November 8, 2010

Canada: not the Boys Scouts of international finance

The Star up in Canada defends the country's right to say no to foreign investment, but still worries that the fix might be in:

Yes, the Canadian government's actions last week sent a message to the rest of the world: that we are no longer willing to be the Boy Scouts of international finance.

If the Potash Corp. episode has taught us anything, it is that the Investment Canada process is far too opaque. When Industry Minister Tony Clement said the takeover of Potash Corp. did not meet the “net benefit” test under the Investment Canada Act, he was prevented by law from saying why. If Clement turns around after the 30-day appeal period and says BHP has improved its offer and now meets the test, how would we know?

Some looking at the situation with Potash seem to think that the Investment Canada Act and the current climate could prove the ultimate takeover defense for Research in Motion (Blackberry).  Given the extremely competitive market for smart phones, that's some comfort for RIM's board, I suppose. 

-bjmq

 

http://lawprofessors.typepad.com/mergers/2010/11/canada-not-the-boys-scouts-of-international-finance.html

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