Axium Infrastructure

Acted for Axium Infrastructure in its C$340-million acquisition of a 49% interest in a 246-MW wind facility portfolio from Capital Power, consisting of the Quality Wind facility in British Columbia and the Port Dover and Nanticoke Wind facility in Ontario.

Oxford Properties Group and Canada Pension Plan Investment Board

Acted for Oxford Properties Group and Canada Pension Plan Investment Board in its C$325-million sale of Les Galeries de le Capitale, a super regional enclosed shopping centre located in Quebec City, to Primaris Real Estate Investment Trust. 

Axium Infrastructure Inc.

Acted for Axium Infrastructure with its acquisition, together with Nova Scotia Pension Services Corporation, of a 50% equity interest in the 100 MW Cedar Point II Wind Project located in Ontario from Fiera Infrastructure. The power produced by the project is sold to the Independent Electricity System Operator (IESO) under a 20-year power purchase agreement under Ontario FIT Program.

WESCO Distribution Inc.

Acted as Canadian counsel to WESCO Distribution Inc. in the US$350-million sale of its integrated supply business to Vallen Distribution, Inc., a portfolio company of Nautic Partners, LLC.

BMS Group

Acted for BMS Group in its acquisition of Smith & Reid Insurance Brokers and O’Neil Insurance Brokers.

Burgundy Diamond Mines Limited

Acted for Burgundy Diamond Mines Limited (BDM) in its US$136-million acquisition of Arctic Canadian Diamond Company Limited, including the world-class Ekati Diamond Mine in Canada’s Northwest Territories, and Arctic Canadian Diamond Marketing N.V. Upon closing, BDM became one of the largest listed diamond companies globally.

BELLUS Health Inc.

Acted for BELLUS Health Inc. in its US$2-billion sale to GSK plc, a British-based pharmaceutical company.

Alimentation Couche-Tard Inc.

Acted for Alimentation Couche-Tard Inc. both in its acquisition of Cape D’Or Holdings Limited and Barrington Terminals Limited, which operate an independent convenience store and fuel network in Atlantic Canada under the Esso, Wilsons Gas Stops and Go! Store brands, and in connection with obtaining the Canadian Competition Bureau’s approval for the transaction. Also acted for Alimentation Couche-Tard Inc. in the divestiture of 52 retail and fuel locations to Harnois Énergies.

TotalEnergies EP Canada Ltd.

Acted for TotalEnergies EP Canada Ltd., a subsidiary of TotalEnergies SE, in connection with its acquisition of an additional 6.65% working interest in the Fort Hills oils sands project located approximately 90 km north of Fort McMurray, Alberta.

Axium Infrastructure

Acted for Axium Infrastructure Inc. in connection with the acquisition from Copenhagen Infrastructure Partners of the Travers Solar Project located in Vulcan County, Alberta. Situated on approximately 3,330 acres of land, the project has a total nameplate capacity of 465 MW, making it the largest solar project in Canada at the time of closing.

Ivanhoé Cambridge Inc.

Acted for Ivanhoe Cambridge Inc. in (i) its sale of an undivided 50% interest in the Place Laurier Québec (comprising of the shopping centre, Édifice Champlain and Tour Frontenac) located in Québec City to Douville, Moffet & Associés and (ii) the creation of a strategic partnership with Douville, Moffet & Associés to each take part in the accelerated redevelopment and the densification of such site. Place Laurier Québec has the highest municipally assessed value in Québec City.

Points.com Inc.

Acted for Points.com Inc., the global leader in powering loyalty commerce, in its sale by plan of arrangement to Plusgrade Parent L.P. in an all-cash transaction valuing Points at US$385 million.

AutoCanada Inc.

Acted for AutoCanada Inc., a multi-location North American automobile dealership group, in its acquisition of 11 dealerships from the Autopoint Group, a group that has operated for over 17 years across Southwestern Ontario with $345 million in annual revenue.

Ceská zbrojovka Defense SE

Acted as Canadian counsel for Ceská zbrojovka Group SE (CZG), a firearms manufacturer based in the Czech Republic, in its acquisition of 100% of the outstanding equity interest in Colt Holding Company LLC, the parent company of the storied U.S. firearms manufacturer Colt's Manufacturing Company LLC, as well as its Canadian subsidiary, Colt Canada Corporation.

WESCO International Inc.

Acted for WESCO International Inc. in the sale of its legacy WESCO Datacom business in Canada to Guillevin International, a Canadian distributor of industrial products.

WESCO International Inc.

Acted for WESCO International Inc. in the sale of its legacy WESCO Utility business in Canada to Rexel Canada, a wholly owned subsidiary of France's Rexel Group.

Axium Infrastructure Inc.

Acted for Axium Infrastructure Inc. in its acquisition from the Canada Pension Plan Investment Board of a 49% interest in an approximately 396 MW portfolio of four wind generation facilities (Summerhaven, Conestogo, Varna and Jericho) and two solar generation facilities (Sombra and Moore), all located in Ontario.

Canadian Real Estate Association

Acting for the Canadian Real Estate Association (CREA) to defend a proposed class action in the Federal Court alleging that CREA’s rule regarding broker commissions is anti-competitive.

S&P Global Inc.

Acted for S&P Global Inc. on Canadian regulatory matters in connection with its US$44-billion all-stock merger with IHS Markit.

WESCO International, Inc.

Acted as Canadian competition counsel to WESCO International, Inc., a Pennsylvania-based distributor of electrical, industrial, and communications products, in its US$4.5-billion acquisition of Anixter International Inc.

Ivanhoé Cambridge Inc. and Canadian Pension Plan Investment Board

Acted for Ivanhoé Cambridge and Canada Pension Plan Investment Board in the sale of Carrefour de l'Estrie, one of the largest shopping centres in Québec, to an affiliate of Groupe Mach.

TransDigm Group Incorporated

Acted for TransDigm Group Incorporated, a global aerospace components manufacturer, on competition matters related to its US$4-billion acquisition of Esterline Technologies Corporation.

Axium Infrastructure Inc. and The Manufacturers Life Insurance Company

Acted for Axium Infrastructure Inc. and The Manufacturers Life Insurance Company in their joint $1.4-billion acquisition of AltaGas Ltd.'s remaining 55% interest in three hydroelectric projects in northwest British Columbia: the 195 MW Forrest Kerr Hydroelectric Facility, the 66 MW McLymont Creek Hydroelectric Facility and the 16 MW Volcano Creek Hydroelectric Facility.

Stingray Group Inc.

Acted for Stingray Group Inc. in its $506-million acquisition of Newfoundland Capital Corporation Limited, one of Canada's leading radio broadcasters with 101 licences (82 FM and 19 AM) across Canada, and the financing of this acquisition, which included $450 million of new credit facilities and $138 million of equity, comprising a $83-million bought deal offering of subscription receipts, a $40-million private placement of subscription receipts to the Caisse de dépôt et placement du Québec, and $15 million from the exercise of pre-emption rights from the Boyko Group.

Alimentation Couche-Tard Inc.

Acted for Alimentation Couche-Tard Inc. in the sale of 13 gas stations and retail sites to Irving Oil Limited in New Brunswick, Newfoundland and Labrador, Nova Scotia and Prince Edward Island.

Axium Infrastructure Inc.

Acted for Axium Infrastructure Inc. in its $540-million acquisition of TransCanada's Ontario solar portfolio, consisting of eight facilities totalling approximately 105 MW of installed capacity.

PSP Investments

Acted for PSP Investments in its strategic initiatives with Pattern Energy Group Inc., including (i) the acquisition of a 9.9% interest in Pattern Energy; (ii) the joint venture between PSP and Pattern Energy to co-invest in various renewable projects; (iii) the joint acquisition with Pattern Energy of a 51% and 49% interest, respectively, in the 179 MW Meikle wind project in British Columbia and the 143 MW Mont Sainte-Marguerite wind project in Québec; and (iv) the acquisition of 49% of the Class B interests held by Pattern in the Panhandle 2 wind project in Texas.

Reckitt Benckiser

Acted as Canadian counsel to Reckitt Benckiser, a global consumer health and hygiene company, on competition and regulatory matters in connection with its US$17.9-billion acquisition of U.S.-listed Mead Johnson Nutrition Company, a global leader in pediatric nutrition.

Alimentation Couche-Tard Inc.

Acted for Alimentation Couche-Tard Inc. in connection with (1) its acquisition of, by way of merger, the Texas-based gas-and-convenience-store chain CST Brands, Inc., valued at approximately US$4.4 billion; and (2) Alimentation Couche-Tard Inc.'s subsequent sale of a portion of CST Brands, Inc.'s Canadian assets to Parkland Fuel Corporation for approximately US$750 million, subject to adjustments.

Novacap Industries III, L.P.

Acted for Novacap Industries III, L.P. in connection with the sale to Arlon Capital Partners of its interest in Idaho Pacific Holdings, Inc. and AgraWest Foods Ltd., manufacturers of dehydrated potato products.

La Coop fédérée

Acted for La Coop fédérée in connection with the combination of its Sonic division with Groupe Filgo for the purpose of merging their energy products distribution activities and their service stations operations.

Staples, Inc.

Acted for Staples, Inc. with respect to Canadian regulatory matters in connection with its proposed $6.3-billion acquisition of Office Depot, Inc.

United Technologies Corporation (UTC)

Acted as Canadian counsel to United Technologies Corporation (UTC) on competition and regulatory matters in connection with the US$9-billion sale of Sikorsky Aircraft Corporation to Lockheed Martin Corporation.

H.J. Heinz Company

Acted for H.J. Heinz Company with respect to Canadian regulatory matters in connection with its acquisition of Kraft Foods Group, Inc., to create one of the world's largest food and beverage companies with combined sales of approximately US$28 billion.

Canadian Real Estate Association

Acted successfully for the Canadian Real Estate Association before the Competition Tribunal in a motion against the Commissioner of Competition to resolve a dispute with respect to the interpretation of a consent agreement and CREA's implementation of policies regarding the display of seller contact information and references to private sales.

Burger King Worldwide, Inc.

Acted for Burger King Worldwide, Inc. in connection with its acquisition of Tim Hortons Inc. for approximately US$12.5 billion, the related financing, which involved a US$3-billion preferred equity investment from Berkshire Hathaway Inc., a secured US$7.25-billion credit facility and a private placement of US$2.25 billion of second lien secured notes, and an associated tender offer for Tim Hortons' outstanding US$1.2 billion of debt securities. This transaction resulted in the creation of Restaurant Brands International, a new global company headquartered in Canada, and the third-largest quick service restaurant in the world with approximately US$23 billion in system sales and over 18,000 restaurants in 100 countries. The transaction was recognized as Global M&A Deal of the Year: Canada by The American Lawyer's 2015 Global Legal Awards.

Mars, Incorporated

Acted as Canadian counsel to Mars, Incorporated on competition and regulatory matters in connection with its US$2.9-billion acquisition of the Procter & Gamble Company's pet food business in North America and other major markets.

Paladin Labs Inc.

Acted for Paladin Labs Inc. in connection with its acquisition by Endo Health Solutions Inc. in a stock and cash transaction valued at approximately $3 billion.

Bureau Veritas SA

Acted for Bureau Veritas SA in connection with its $650-million acquisition of Maxxam Analytics International Corporation.

Richard D. Kinder, GS Capital Partners V Fund, LP, AIG Global Asset Management Holdings Corp., et al.

Acted as Canadian counsel to GS Capital Partners V Fund, LP, AIG Knight LLC, Carlyle Partners IV, LP and Carlyle/Riverstone Global Energy and Power Fund III, LP in connection with the US$26.5 billion management buyout of Kinder Morgan Inc.

BCE Inc.

Acted for BCE Inc. on the recapitalization and ownership restructuring of Bell Globemedia Inc. valued at $1.3 billion.

Teachers' Private Capital

Acted for Teachers' Private Capital on its acquisition of CFM Corp. in a transaction valued at US$230 million.

Canada Pipe Company Ltd.

Acted for Canada Pipe Company Ltd. before the Competition Tribunal, Federal Court of Appeal and Supreme Court of Canada with respect to the only fully contested abuse of dominance case to be decided in Canada in more than 15 years. This matter was decided in favour of Canada Pipe following a lengthy trial in the Competition Tribunal and against Canada Pipe in the Federal Court of Appeal. The matter was eventually resolved through a negotiated Consent Agreement in December 2007.

ROW Entertainment Income Fund and Standard Broadcasting Corporation Ltd.

Acted for both ROW Entertainment Income Fund (ROW) and Standard Broadcasting Corporation Ltd. as ROW acquired all of the home entertainment distribution assets of Video One Canada Ltd. from Standard Broadcasting Corporation Ltd. to create one of Canada's leading distributors of home entertainment products, including CDs, DVDs and multi-platform video games.

Osprey Media Group

Acted for Osprey Media Group in regard to its acquisition of Torstar Corporation's weekly community newspapers in Ontario and their associated publications and the sale by Osprey of certain publishing and printing operations to Torstar.

Host, Counterfactual podcast, Canadian Bar Association, Competition and Foreign Investment Review Section, “The Competition Bureau’s AI Summit”

Oct. 24, 2024 - Listen to Podcast

Hold My Popcorn: Canadian Competition Tribunal Decides First Case Under Competition Act’s Amended Misleading Representations Provisions

Oct. 21, 2024 - Canada’s Competition Tribunal (Tribunal) recently released its reasons in the first contested case to apply the amended misleading representations provisions of the Competition Act (Act). The Tribunal’s decision assessed online representations by Cineplex Inc. about the price of its...

Canadian Competition Bureau Stakes Out Aggressive Stance on Property Controls in Preliminary Enforcement Guidance

Aug. 19, 2024 - Following the Canadian Competition Bureau’s 2023 Retail Grocery Market Study in which it recommended that provincial and territorial governments take measures to limit property controls in the grocery industry, including banning their use, the Bureau recently released for public comment a statement...

Host, Counterfactual podcast, Canadian Bar Association, Competition and Foreign Investment Review Section, “All Rise for the Adam F. Fanaki Competition Law Moot”

Mar. 19, 2024 - Listen to Podcast

First Set of Major Changes to Canada’s Competition Act in Force

Dec. 19, 2023 - With royal assent to Bill C-56, The Affordable Housing and Groceries Act, occurring on December 15, 2023, important changes to Canada’s competition law framework came into force. The amendments that came into effect immediately on December 15, 2023: repeal the...

Host, Counterfactual podcast, Canadian Bar Association, Competition Law and Foreign Investment Review Section, “The Judge and the Clerk—An Inside Look at the Canadian Competition Tribunal”

Oct. 06, 2023 - Listen to Podcast.

Canada’s Competition Act Reforms Include Expanded Power to Challenge Anticompetitive Agreements

Sept. 28, 2023 - The Minister of Finance recently introduced Bill C-56 to implement certain proposals announced by the Prime Minister designed to lower prices and “make life more affordable” for Canadians. The bill provides details of the proposed amendments to the Competition Act (Act) noted in our...

Canadian Government Announces “First Set” of Competition Act Reforms

Sept. 19, 2023 - In a recent press release, Canada’s Prime Minister announced a “first set” of proposed changes to the Competition Act, with additional “comprehensive legislative reforms” to follow in the coming months. While the federal government launched a consultation process on Competition...

Competition Bureau Tests Canada’s New Drip Pricing Law

May 25, 2023 - Canada’s Commissioner of Competition filed an application under the deceptive marketing provisions of the Competition Act (Act) on May 18, 2023, alleging that Cineplex Inc. is making false or misleading representations to the public on its website and mobile app about the prices of its...

Charles Tingley and Mark Katz on Major Changes to the Investment Canada Act

Dec. 19, 2022 - Partners Charles Tingley and Mark Katz share their thoughts on recent moves by the government of Canada to modernize the Investment Canada Act (ICA) in interviews by The Hill Times, The Globe and Mail, Global Competition Review (GCR) and The Logic. “What...

Host, Counterfactual podcast, Canadian Bar Association, Competition Law and Foreign Investment Review, “Taking the Pulse of Artificial Intelligence”

Dec. 15, 2022 - Listen to Podcast.

Canada Moves to Strengthen National Security Review of Foreign Investments

Dec. 14, 2022 - The Canadian government has proposed legislation to update and reinforce its national security review process under the Investment Canada Act (ICA). The proposed changes contained in Bill C-34, National Security Review of Investments Modernization Act (Bill) are the most...

Government Report Indicates Robust Foreign Investment Review in Canada

Dec. 01, 2022 - The Canadian government recently released the 2021-2022 Annual Report covering non-cultural¹ foreign investment reviews under the Investment Canada Act (ICA) from April 1, 2021 through March 31, 2022. Given the government’s reluctance to publicize details of its ICA reviews,...

Significant changes to Canadian competition law, co-author

Dec. 01, 2022 - Financier Worldwide Magazine
Read the article.

Canadian Government Consults on Far-Reaching Changes to Canada’s Competition Law

Nov. 24, 2022 - Canada’s federal Minister of Innovation, Science and Industry formally announced on November 17, 2022 that the federal government is launching a comprehensive review of the Competition Act (Act) and Canadian competition policy. This announcement follows through on the Minister’s previous...

Canada Clamps Down on Foreign SOE Investments in Critical Minerals

Nov. 15, 2022 - The Canadian government announced a new policy on October 28, 2022 (the Policy) under the Investment Canada Act (ICA) governing investments by state-owned enterprises (SOEs) in Canada’s critical minerals sector. The government followed the issuance of the Policy with an announcement on...

Moderator, Canadian Bar Association, Competition Law Fall Conference, “The New World of Abuse of Dominance”; Ottawa, ON; Oct. 20 & 21

Oct. 20, 2022

Host, Counterfactual podcast, Canadian Bar Association, Competition Law and Foreign Investment Review, “In Conversation with the Bureau’s Chief Economist”

Sept. 09, 2022 - Listen to Podcast.

Host, Counterfactual podcast, Canadian Bar Association, Competition Law and Foreign Investment Review, “Counterfactual Kick-Off with Former Commissioners”

June 28, 2022 - Listen to Podcast.

Federal Government Enacts Significant Amendments to Canada’s Competition Act

June 24, 2022 - Significant amendments to Canada’s Competition Act (Act) were enacted on June 23, 2022, with the passing of the federal government’s 2022 budget implementation legislation. The amendments foreshadow more aggressive Competition Bureau (Bureau) enforcement of the Act, especially regarding...

Canadian Bar Association, “Consent Agreements 101”; Webcast

Apr. 21, 2022

Foreign Investment Review in Canada: Top Trends and Developments for 2022

Mar. 01, 2022 - The past year generated substantial interest in the operation of the Investment Canada Act (ICA), especially the national security review process, against the backdrop of changes in government policy that purport to articulate a more expansive view of Canada’s national security interests. ...

China Mobile Case Illustrates Breadth of Canada’s National Security Review Regime

Dec. 20, 2021 - After operating in Canada for five years, China Mobile International (Canada) Inc. (CMI) was ordered by the Canadian government in August 2021 to shut down or divest its Canadian operations because of national security concerns. CMI has applied for judicial review of the government’s decision and...

Commissioner of Competition Urges Reboot of Canadian Competition Law

Oct. 28, 2021 - In his annual address to Canada’s competition bar last week, the Commissioner of Competition, Matthew Boswell, offered a full-throated defence of vigorous competition law enforcement as a key driver of Canada’s post-pandemic economic recovery. Rather than outlining the Competition Bureau’s...

Canadian Mergers & Acquisitions: A Guide for Foreign Investment Banks and Bidders, 9th Edition

June 01, 2021 - Davies’ Canadian Mergers & Acquisitions draws on our multijurisdictional M&A experience to offer clear guidance on both the legal framework and the practical aspects of Canadian mergers and acquisitions, including critical tax and regulatory considerations. The recently updated guide is...

Canadian Competition Bureau Provides New Enforcement Guidance on Competitor Collaborations to Address Impact of COVID-19

Apr. 09, 2020 - The Canadian Competition Bureau announced on April 8, 2020, that tailored and short-term competitor collaborations entered into in good faith to respond to the COVID-19 pandemic generally will not attract Bureau enforcement under the Competition Act. The Bureau also...

Canadian Competition Law Compliance: Q&A for Responding to COVID-19

Apr. 09, 2020 - Disruptions to businesses in Canada and across the globe as the COVID-19 public health crisis continues to unfold are raising a variety of competition law issues that will need to be managed in responding to challenges and opportunities associated with the ongoing pandemic. We highlight some of...

Charles Tingley Speaks to PaRR Global About COVID-19’s Impact on Canadian Competition Law

Apr. 06, 2020 - In its coverage of the COVID-19 pandemic (available to subscribers), global news service PaRR featured Davies partner Charles Tingley for his perspectives on how the crisis is affecting the competition landscape in Canada. Charles noted that merger reviews may be delayed, in part because of the...

Canadian Competition Bureau and Tribunal Issue Notices on the Impact of COVID-19 on Merger Review, Enforcement and Adjudication Processes

Mar. 20, 2020 - The Canadian Competition Bureau and the Canadian Competition Tribunal have each issued public statements outlining how the COVID-19 pandemic is affecting their respective operations. While the Bureau remains open for business, with staff operating remotely where possible, the Bureau acknowledges...

Small Mergers Are Big Deals for Canada’s Competition Bureau

Mar. 06, 2020 - The Threshold, No. 1, Vol. 20 (ABA Section of Antitrust Law)
Download this article.

Moderator, Canadian Bar Association, “Creeps, Killers and Zombies: Antitrust Review of Small Mergers in the Digital Economy”; Toronto, ON

Jan. 31, 2020

Canadian Foreign Investment Review Annual Report Confirms Shift in Emphasis Toward National Security Concerns

Jan. 15, 2020 - The official Annual Report under the Investment Canada Act (ICA) for the fiscal year 2018-19 was released at the end of 2019. This document sets out various statistics and other noteworthy developments during that time frame (i.e., April 1, 2018 to March 31, 2019) relating to the two...

Canadian Competition Bureau Sends Year-End Tidings of Merger Filings

Dec. 23, 2019 - In his own version of the pre-holiday rush, the Canadian Commissioner of Competition has in the last several days challenged one merger transaction and entered into a consent agreement to preserve assets pending his review of another. The Commissioner’s latest actions reflect and reinforce the...

Recent Developments in Abuse of Dominance Law in Canada: When is Anti-Competitive Conduct Justified?, co-author

Dec. 06, 2019 - Kluwer Competition Law Blog (Wolters Kluwer)

Canadian Competition Tribunal Clarifies Scope for Justifying Alleged Abuses of Dominance

Dec. 04, 2019 - The Canadian Competition Tribunal has dismissed an application by the Commissioner of Competition alleging that the Vancouver Airport Authority (VAA) had abused a dominant position in the market for in-flight catering services at Vancouver International Airport. The Commissioner alleged that the...

A Revival or an Aberration? Prohibition Orders Without a Conviction for Cartel Offences Under the Competition Act, co-author

Dec. 02, 2019 - The Marker (Canadian Bar Association)
Read this article.

Small Mergers Loom Large on Canadian Competition Bureau’s Radar

Sept. 30, 2019 - Canada’s Competition Bureau is actively seeking and reviewing smaller acquisitions that may not exceed pre-merger notification thresholds under the Competition Act but that may nonetheless raise substantive competition issues. The Bureau’s demonstrated interest in evaluating smaller...

Is Business Becoming Immune to the Canadian Competition Bureau’s Immunity Program?

June 27, 2019 - Antitrust commentators are questioning the continuing significance of immunity and leniency programs that have been at the forefront of anti-cartel enforcement internationally since the U.S. Department of Justice introduced the first leniency program in the early 1990s. Amid evidence of declining...

Canadian Commissioner of Competition Challenges Acquisition of Specialized Software Business

June 19, 2019 - The Commissioner of Competition recently filed a notice of application with the Canadian Competition Tribunal challenging the acquisition of a Canadian software company that closed on May 13, 2019. The Commissioner claims that the acquisition has resulted in a merger to monopoly for the...

Canadian Bar Association, Competition Law Section, Legislation and Competition Policy Committee, “From Bid Analytics to Bounties: Non-Leniency Techniques for Detecting Bid-Rigging and Cartel Conduct”; Toronto, ON

Jan. 07, 2019

Host, Moderator and Speaker, Canadian Bar Association, Competition Law Section, Mergers Committee Roundtable with Competition Bureau Officials, “Mergers Task Force Report”; Toronto, ON

May 31, 2018

Canadian Bar Association, Competition Law Section, International Committee, “How a Domestic or International Secondment Can Change your Career”; Toronto, ON

Apr. 26, 2018

Top Competition and Foreign Investment Review Trends and Issues for 2018

Jan. 31, 2018 - In our annual forecast of the year ahead for Canadian competition and foreign investment review law, we evaluate how developments in 2017 will influence these areas of the law in 2018. We discuss below the top issues and trends to watch for this year. New Leadership at the Bureau and a Year...

Investment Canada Act Net Benefit Review Threshold Increases Again for Many Foreign Investors

Sept. 21, 2017 - Just a few months after an increase in the net benefit review threshold for most direct acquisitions of control of Canadian businesses involving private sector investors, the review threshold has increased yet again. The increase is 50%, to C$1.5 billion in enterprise value of the Canadian...

Fulfilling the Promise: Proposals for a More Efficient Merger Review Process in Canada

Sept. 20, 2017 - Competition Bureau resources are being wasted on the analysis of non-problematic mergers and the review of more complex transactions is taking too long. Both developments suggest that legislative amendments are required to better focus the expenditure of public resources and avoid discouraging...

Canadian Competition Tribunal Adopts Effects-Based Jurisdiction for Reviewable Conduct

July 26, 2017 - On July 24, 2017, the Canadian Competition Tribunal dismissed a jurisdictional challenge by HarperCollins to an application by the Commissioner of Competition for an order prohibiting the implementation of an alleged agreement between HarperCollins and several other e-book publishers. The...

Top Competition and Foreign Investment Review Trends and Issues for 2017

Jan. 20, 2017 - In our annual forecast of the year ahead for Canadian competition and foreign investment review law, we evaluate how developments in 2016 will influence these areas of the law in 2017. We discuss below the top issues and trends to watch for this year. Liberalization of Canada’s Foreign...

Canada Removes Another Brick in the Wall: Government Consents to Revisit Negative National Security Ruling

Dec. 01, 2016 - In our recent e-communication Canada Lowers the Wall to Foreign Investment, we described steps taken by the Canadian government to create a more attractive and welcoming climate for foreign investment in Canada: lowering a key review threshold under the Investment Canada Act...

Chair, Canada Bar Association, Competition Law Fall Conference, “The Trouble with TREB: Lessons Learned and the Future of Abuse of Dominance in Canada” Panel Session

Oct. 06, 2016

Chemical Reaction: Canada and United States Differ on Industrial Review

Aug. 03, 2016 - Over the years, Canada’s Competition Bureau (Bureau) has developed a close working relationship with its counterpart agencies in the United States, the Federal Trade Commission (FTC) and the Antitrust Division of the U.S. Department of Justice (DOJ) as agency coordination can lead to consistent...

Mediation in Canadian Competition Tribunal Proceeding Leads to Settlement in Merger Challenge

Apr. 04, 2016 - On March 29, 2016, the Canadian Commissioner of Competition and Parkland Fuel Corp. entered into a consent agreement to resolve the Commissioner’s challenge to Parkland’s acquisition of Pioneer Energy. This marks the first time in a Canadian Competition Tribunal proceeding that a consent...

Foreign Investors Cannot Use Statutory Privilege to Avoid Disclosure of Investment Canada Act Undertakings

Feb. 11, 2016 - On January 26, 2016, the Court of Appeal for Ontario ruled that confidential written undertakings given by a foreign investor to the government of Canada to settle enforcement action under the Investment Canada Act (ICA) were not barred by the ICA from disclosure in unrelated legal...

Top Competition and Foreign Investment Review Trends and Issues for 2016

Jan. 18, 2016 - In our annual forecast of the year ahead for Canadian competition and foreign investment review law, we evaluate how developments in 2015 will influence these areas of the law in 2016. Our top issues and trends to watch for this year include the following: The impact of the new federal...

American Bar Association, Section of Antitrust Law Corporate Counseling Committee – June Antitrust Update

July 15, 2015

Merger Review in Canada

Mar. 17, 2015 - The Supreme Court of Canada (SCC) released its first decision in nearly 20 years regarding the Competition Act’s merger provisions on 22 January 2015. Its decision in Tervita Corp v Canada (Commissioner of Competition) is important because (1) it sets out the proper...

Respondents in Conspiracy Prosecution Have Right to Information Obtained Under Competition Bureau’s Immunity and Leniency Programs

Feb. 06, 2015 - On February 4, 2015, the Ontario Superior Court of Justice ruled that relevant factual information proffered to the Crown in order to qualify for immunity or leniency under the Competition Bureau’s cartel Immunity and Leniency Programs is not protected from disclosure to accused persons by either...

Supreme Court of Canada Allows Challenged Merger to Proceed on Efficiency Grounds

Jan. 23, 2015 - On January 22, 2015, the Supreme Court of Canada (SCC) reversed a decision of the Federal Court of Appeal (FCA) that had dismissed an appeal from an order of the Competition Tribunal (Tribunal) requiring Tervita Corporation¹ to divest the Babkirk hazardous waste landfill site following...

Chair, Canadian Bar Association, 2013 Annual Competition Law Fall Conference, “Waking the Sleeping Giant: Competition Issues in the Pharmaceutical Industry” Panel Session

Oct. 04, 2013

Chair, Criminal Matters Committee, Canadian Bar Association’s Competition Law Section and American Bar Association’s Section of International Law, teleseminar, Cartel Enforcement in Smaller Jurisdictions: Issues and Challenges

Nov. 06, 2012