Competition and antitrust in Canada

Blake, Cassels & Graydon LLP

Blake, Cassels & Graydon LLP‘s team handles both contentious and non-contentious competition matters. Navin Joneja and Julie Soloway are often involved in competition law and policy issues. Joneja’s position as immediate past-Chair of the Canadian Bar Association’s National Competition Law Section, the leading advocacy organisation for Canadian competition lawyers, enables him to give clients seamless advice and insight. Soloway also acquires extensive expertise having served over 11 years on the American Bar Association Section of Antritrust Law; the pair co-lead the practice from Toronto. The team is also acclaimed for its litigation expertise and often oversees abuse of dominance cases, as well advertising cases and contentious mergers. Mention is also given to Brian Facey, Randall Hofley, Robert Kwinter and Cassandra Brown for their collective expertise in mergers, litigation and foreign investment. The team welcomed Elder Marques from the Government of Canada while David Dueck and Julia Potter were promoted to partner in January 2022.

Practice head(s):

Navin Joneja; Julie Soloway

 

Key clients

FLIR Systems Inc.

Allied Universal

Ultra Electronics Holdings plc

SECURE Energy Services Inc.

Dow Chemical Canada Inc.

Pretium Resources Inc.

TPG Global, LLC

Pembina Pipeline Corporation

Nestle Canada Inc.

Horizon Acquisition Corporation

Work highlights

  • Acted as Canadian counsel to FLIR Systems, Inc. in connection with the $8bn acquisition by Teledyne Technologies Incorporated.
  • Advised Allied Universal on the Canadian aspects of its $5.3bn takeover of G4S.
  • Advised SECURE Energy Services Inc. in connection with its acquisition of all the issued and outstanding common shares of Tervita, an environmentally focused waste service provider, via a Plan of Arrangement.

Davies Ward Phillips & Vineberg LLP

The team at Davies Ward Phillips & Vineberg LLP provides clients with competition law advice, foreign investment advice and advocacy before the Competition Bureau and Investment Review Division of Innovation, Science and Economic Development Canada. Its lawyers thrive in handling complex, high-profile mergers across a range of industries such as retail, manufacturing, distribution, energy infrastructure and chemicals, and their contentious expertise is also well-regarded, having represented clients before the Competition Tribunal and Canadian courts. Competition Act criminal provision expert, John Bodrug leads the practice alongside Anita Banicevic whose expertise includes cross-border transactions and litigation. Former head of the Canadian Competition Bereau George Addy is noted for his extensive experience in foreign investment matters. Mention is also given to Sandra Forbes and Jim Dinning. Alysha Manji-Knight was promoted to partner in January 2022.

Practice head(s):

John Bodrug; Anita Banicevic

Testimonials

‘Davies provides the most effective advocacy to the Competition Bureau.’

‘A true integrated team that has deep knowledge of the subject matter and is non alarmist.’

 

Key clients

S&P Global

The Blackstone Group

DigitalBridge

Agnico Eagle Mines Limited

Alimentation Couche-Tard Inc.

The Canadian Real Estate Association

Shaw Communications Inc.

Giant Tiger

Keurig Dr Pepper

Medline Industries

Thales Group

Tech Data Corporation

Apollo Global Management

 

Work highlights

  • Acted for Shaw Communications Inc. in the acquisition by Rogers Communications Inc. of all of Shaw’s issued and outstanding Class A and Class B shares in a transaction valued at approximately $26bn, including debt, representing a significant premium for Shaw’s shareholders.
  • Acted for S&P Global Inc. on Canadian regulatory matters in connection with its $44bn all-stock merger with IHS Markit.
  • Acted for Keurig Canada Inc. in reaching a resolution with the Competition Bureau regarding its recyclability claims for its single-use K-Cup coffee pods.

McCarthy Tétrault

McCarthy Tétrault‘s team is acclaimed for its merger and joint venture transaction expertise and also advises clients on foreign investment matters as well as national security issues. The practice is led by Jason Gudofsky who possesses a breath of competition knowledge and is often sought by clients to oversee risk assessments, strategic alliances, board management and cartel investigations. The team’s expertise also extends into litigation, having represented clients in cases concerning misleading advertisements, deceptive practices and class actions before the Competition Bureau, the Competition Tribunal and courts. Donald Houston is particularly noted for his expertise in this area and comes particularly recommended for his antitrust litigation skills due to his experience overseeing civil cases, private actions and criminal advocacy matters. Oliver Borgers‘ practice focus lies within mergers, acquisitions, joint ventures, alliances and market conduct. Michael Caldecott was promoted to partner in January 2022 while Corinne Xu joined the team from Blake, Cassels & Graydon LLP.

Practice head(s):

Jason Gudofsky

Other key lawyers:

Donald Houston; Oliver Borgers; Erin Keogh; Gideon Kwinter

Testimonials

‘McCarthy lawyers are real professionals. Very up to date in their expertise field. They are available when needed. They are able to find solutions and to properly explain the risks associated with the decisions made.’

‘This team is simply the best in Canada. The collection of talent and experience they have created in recent years has been elite.’

They are outstanding with complementary skillsets and approach to legal issues.’

‘They have in-depth knowledge of competition and antitrust practices in Canada. The team is very proactive, business and solution oriented, very pragmatic and guides the client with the most clear path.’

Key clients

AstraZeneca

Aon plc

PepsiCo Inc.

Cascade Investment, L.L.C.

NCR Corporation

PrairieSky Royalty Ltd.

Hockey Canada

Luxottica

Grieg Seafood

Clayton, Dubilier & Rice

Parkland Corporation

Eddyfi/NDT

Sayona Mining Limited

VINCI SA

Trivago N.V.

Loral Space & Communications, Inc.

Viterra

Brookfield Infrastructure Partners L.P.

Hitachi Rail

Work highlights

  • Advised d Hitachi Rail in its proposed acquisition of the Ground Transportation Systems business of Thales S.A. for approximately €1.66bn.
  • Lead counsel to Hockey Canada in its successful defence striking out a class action alleging antitrust violations and conspiracy.
  • Advised Parkland Corporation in its agreement to acquire Pétroles Crevier Inc., a well established retail and wholesale fuel business based in Montreal, Canada.

Stikeman Elliott LLP

With expertise across the full spectrum of competition matters, the team at Stikeman Elliott LLP advises clients on both domestic and international matters; its experience includes handling complex mergers, acquisitions and cases with cross-border elements involving the US, France, Mexico and the EU. Michael Kilby leads the team from Toronto and often advises clients on foreign investment law, competition law, merger review, unilateral conduct, misleading advertising and foreign investment approvals. Paul Collins supports the team by providing both transactional and general compliance advice and also specializes in marketing and advertising law. Susan Hutton is noted for her expert knowledge of competition reviews and is also well-regarded for her representation of clients in civil and criminal investigations, as well as in Competition Act complaints. Katherine Kay‘s practice focus lies within commercial litigation, often involving the overlap of regulatory, civil and criminal law regimes. The team recently welcomed the arrival of Kevin Ackhurst from Norton Rose Fulbright.

Practice head(s):

Michael Kilby

Other key lawyers:

Katherine Kay; Paul Collins; Susan Hutton; Peter Flynn; David Feldman

Work highlights

    Bennett Jones LLP

    Bennett Jones LLP‘s practice enjoys a broad breadth of merger review and competition litigation experience. The practice is also renowned for having competition law capabilities in a Washington, DC; this cross-border coverage enables the team to advise US and international clients on the challenges they face in Canada. The team is led by both Melanie Aitken and Randal Hughes. Aitken’s expertise includes foreign investment, while Hughes’ expertise includes international mergers and acquisitions. John Rook is noted for his commercial litigation skills, which he utilizes to support the practice. Adam Kalbfleisch oversees regulatory matters, and Emrys Davis is equipped to handle criminal and civil investigations. Zirjan Derwa joined the team from Torys.

    Practice head(s):

    Randal Hughes; Melanie Aitken

    Work highlights

      Fasken

      Fasken‘s team is reputed for its diversified range of industry knowledge, a forte which it utilizes to advise clients on the full spectrum of competition matters. The team has extensive experience in merger control, in addition to contentious competition work such as criminal proceedings, abuse of dominance cases and cases concerning marketing and advertising. Antonio Di Domenico possesses expertise consists of merger review, enforcement proceedings and class action litigation; he co-leads the team alongside Huy Do who is best known for his foreign investment expertise. Anthony Baldanza is noted for his cartel and restrictive trade capabilities.

      Practice head(s):

      Huy Do; Antonio Di Domenico

      Other key lawyers:

      Anthony Baldanza

      Key clients

      Rogers Communications Inc.

      BASF Canada

      McDonald’s Restaurant of Canada

      Crevier Group

      Agropur Cooperative

      TD Asset Management

      Caisse de depot

      ATS Automation

      Neo Lithium Corp.

      Arthur J. Gallagher & Co.

      MNP

      Masonite Corporation

      Acrisure

      Veolia Environmental

      eStruxture Data Centers Inc.

      General Logistics System Ltd.

      Traction Sales and Marketing Inc.

      North American Lithium Inc.

      Dorel Industries Inc.

      HomeLife Realty Services Inc.

      Sandoz

      Anthem Properties Group

      Student Transportation of America

      Work highlights

      • Acted for BASF Canada in the Bureau’s national investigation of alleged anticompetitive conduct in agricultural industry and, in particular, alleged abuse of dominance and refusal to deal.
      • Advised Gold Fields Limited in respect of the acquisition of all of the outstanding common shares of Yamana Gold.
      • Defended Sandoz in a $2.75bn class action in respect of an alleged industry-wide conspiracy to allocate market for generic drugs and to fix the prices of generic drugs.

      Osler, Hoskin & Harcourt LLP

      Osler, Hoskin & Harcourt LLP's team is often entrusted to oversee complex Competition Act merger reviews, civil investigations, class actions, criminal matters and issues arising from the Investment Canada Act. The team has particular cross-border expertise in the US, the UK and Sweden and is led by Shuli Rodal who is based in Toronto; her focus lies within foreign investment review and competition law matters such as strategic alliances, price fixing, abuse of dominance and distribution. Michelle Lally and Kaeleigh Kuzma are other key contacts.

      Practice head(s):

      Shuli Rodal

      Other key lawyers:

      Michelle Lally; Kaeleigh Kuzma

      Torys

      In addition to advising clients on behavioural antitrust matters, the practice at Torys is also well-regarded for its non-contentious expertise and routinely handles complex transactions. Dany Assaf recently acted for George Weston Limited alongside Adrienne DiPaolo whereby they oversaw all competition aspects of its $1.1bn sale of its Weston Foods fresh and frozen bakery business. Assaf also co-leads the practice with Omar Wakil and Linda Plumpton, all are based in Toronto. Plumpton’s practice focus lies within litigation, and she boasts a track record in the handling of class action cases, foreign investment reviews and investigations. 

      Other key lawyers:

      Rebecca Wagner

      Testimonials

      ‘The experience and knowledge levels are very good.’

      ‘Dany Assaf is excellent. His experience and his ability to communicate areas of concern are very good.’

      ‘Omar Wakil is simply an exceptional competition counsel. He has a deep appreciation of the financial services space and experience, and a great temperament. He delivers.’

       

      Key clients

      IFM Investors

      Upsher-Smith Laboratories

      George Weston Limited

      Credit Suisse

      Zijin Mining Group Co. Ltd

      National Hockey League

      Eisai Co., Ltd.

      Cenovus Energy Inc.

      Medical Pharmacies Group Limited

      Ticketmaster Canada Holdings ULC, Ticketmaster Canada ULC, Live Nation Canada, Inc. and Live Nation Entertainment, Inc.

      Sun Life Financial

      Fairfax Financial Holdings Limited

      Corteva Agriscience

      Work highlights

      • Advised IFM and Ontario Teachers’ in the competition aspects of its $2.8bn acquisition of the Canadian district energy operations of Enwave Energy Corporation from Brookfield Infrastructure Partners L.P. and its institutional partners.
      • Represented Upsher-Smith Laboratories, a generic pharmaceutical company, in a proposed class action in the Federal Court of Canada against 54 defendants active in the generic drug market in North America.
      • Advised George Weston on the competition aspects of its $1.1bn sale of Weston Foods fresh and frozen bakery businesses.

      Norton Rose Fulbright

      The practice at Norton Rose Fulbright utilizes its global office network to provide clients with seamless cross-border advice, and is often sought by clients to oversee both domestic and cross-border merger control matters. Aside from non-contentious expertise, the team is knowledgeable of contentious issues, having represented clients before the Competition Tribunal, Competition Bureau and courts. The practice is led by Chris Hersh, who joined the team from Cassels Brock & Blackwell LLP in October 2021, and possesses expertise in abuse of dominance cases, pricing and distribution issues and criminal matters.

      Practice head(s):

      Chris Hersh

      Other key lawyers:

      Eric Lefebvre

      Key clients

      SITQ National Inc.

      Canam Bridges Canada

      HEXO Corp.

      Cresta Fund Management LLC

      Genius Brand

      CAE Inc.

      Activision Blizzard Inc.

      Century 21 Canada Limited

      Food Health & Consumer Products Canada

      Securitas AB

      Metro Inc.

      Canadian Hockey League

      Recochem class action

      Bausch Health

      Telus

      Work highlights

      • Acted for Canopy Growth in connection with its $435m acquisition of The Supreme Cannabis Company, Inc.
      • Represented Canadian Hockey League in a class action before the Federal court concerning allegations that North American hockey leagues and Hockey Canada have conspired together to unreasonably limit the professional opportunities of all hockey players.
      • Represented HEXO Corp on three contemporaneous acquisitions, involving two publicly held companies and one large privately held company for an aggregate transaction value of over $1.2bn.

      Baker McKenzie

      Domestic and international clients seeking to start-up or expand business in Canada often seek the expert advice of Baker McKenzie‘s team. The practice is led by Toronto-based Arlan Gates who is best-known for advising on international merger control, regulatory issues and advertising and marketing law. The team welcomed the arrival of Jing Xu from Bennett Jones LLP and Justine Johnson from Goodmans LLP.

      Practice head(s):

      Arlan Gates

      Other key lawyers:

      Nancy Hamzo; Yana Ermak

      Testimonials

      ‘The Baker McKenzie competition and antitrust practice advises on a broad range on regulatory matters.’

      ‘Sarah Mavula and Nancy Hamzo are both appreciated for their guidance in the complex foreign investment landscape.’

      Key clients

      Allianz

      August Storck KG

      Brookfield Business Partners

      Embracer Group

      Enad Global 7

      GSK

      Hitachi

      Mercedes-Benz AG

      Methanex Corporation

      NHK Spring

      Okaya Electric

      Platinum Equity

      Puig S.L

      Sika AG

      Tencent

      Trillium Therapeutics Inc.

      Unilever

      Work highlights

      • Advised Sika AG, a global chemicals group, in connection with the proposed $5.8bn acquisition of MBCC Group.
      • Represented Platinum Equity in obtaining merger and foreign investment clearance in connection with the $5.25bn acquisition of Solenis, a global supplier of specialty water treatment chemicals and services.
      • Represented Trillium Therapeutics Inc., a clinical stage immuno-oncology company developing innovative therapies for the treatment of cancer, in connection with Pfizer’s  $2.22bn acquisition of outstanding shares, warrants, options, and deferred share units of Trillium not already owned.

      Cassels Brock & Blackwell LLP

      The team at Cassels Brock & Blackwell LLP boasts a diverse practice, having extensive expertise in both contentious and non-contentious matters. The practice often oversees complex energy related transactions, as well as life science mandates, and is equipped to oversee cross-border cartel investigations. Having left Borden Ladner Gervais LLP, the practice is now led by Davit Akman. A further high-profile arrival was Jennifer McKenzie who joined from Bereskin & Parr LLP.

      Practice head(s):

      Davit Akman

      Key clients

      Pearson Education, Inc. / Pearson Canada Inc.

      Royal Bank of Canada

      Glenmark Pharmaceuticals Inc., USA / Glenmark Pharmaceuticals Canada Inc.

      Takeda Canada Inc.

      Lundin Mining Corporation

      KEMET Corporation / KEMET Electronics Corporation

      Becton Dickinson

      Yamana Gold Inc.

      K1 Investment Management LLC

      Hewlett-Packard Company / HP Inc. / HP Canada

      Black Diamond Capital Management, LLC

      LKCM Headwater Investments III, L.P.

      WonderFi Technologies Inc.

      Pioneer Corporation

      Innovative Medicines Canada

      Work highlights

        Dentons

        The team at Dentons takes advantage of the firm’s global network to advise a range of clients on cross-border matters. The team is reputed for its merger control and litigation expertise with clients also seeking its advice on navigating challenges that arise from the Investment Canada Act. The practice is co-led by Sandy Walker and Barry Zalmanowitz KC from Toronto and Edmonton respectively. Walker’s practice focus lies within obtaining government approvals for M&A from the Competition Bureau and other regulatory agencies, meanwhile Zalmanowitz is a thoroughly experienced litigator.

        Practice head(s):

        Sandy Walker; Barry Zalmanowitz KC

        Other key lawyers:

        Adam Goodman; Simon Kupi

        Key clients

        Amazon

        Bayer AG and Bayer Inc.

        Capital Power

        Enbridge Inc.

        Husky Energy

        Lions Gate Entertainment

        Meritage Entities

        Ontario Power Generation

        Transport Canada

        The Herjavec Group Inc.

        Work highlights

        • Represented WOW! in its acquisition by Genius Brands International, Inc., a US based entertainment company with a focus on children’s entertainment.
        • Advised Lactalis Canada Inc. in its acquisition of Canadian yogurt business, Ultima Foods Inc., from Agropur Cooperative.  
        • Advised Hallmark Tubulars LTD, subsidiary of Marubeni-Itochu Tubulars America Inc., on its merger with Triumph Tubular & Supply Ltd., a subsidiary of Russel Metals Inc., in a newly incorporated company, TriMark Tubulars Ltd..

        DLA Piper (Canada) LLP

        DLA Piper (Canada) LLP‘s team offers both domestic and foreign businesses a wide range of competition law services and utilizes its significant Western Canadian presence to do so. The practice is jointly led by Kevin Wright and David Neave, both of whom are based in Vancouver. Wright is often sought for his litigation expertise and handles all contentious competition law matters including international and nation cartel investigations, abuse of dominance cases and compliance programs. Neave’s expertise also includes litigation, though he has a particular focus on class actions. Catherine Pawluch, based in Toronto, is the go-to contact for international M&A expertise.

        Practice head(s):

        Kevin Wright; David Neave

        Other key lawyers:

        Catherine Pawluch

        Testimonials

        ‘Outstanding responsiveness to client needs. Extremely knowledgeable.’

         

        Key clients

        Bristol Myers Squibb

        Air Canada

        British Airways PLC ‎

        Ford ‎

        McGraw-Hill LLC and McGraw-Hill Ryerson Limited

        ELNA Co., Ltd ‎

        ‎Wallenius Wilhelmsen Ocean‎/EUKOR Car Carriers‎

        Pfizer ‎

        Renesas Electronics Corporation

        Canfor ‎

        Susumu ‎

        Hitachi, Ltd., Hitachi Automotive Systems, Ltd.‎, Maxell ‎

        Tilray Brands

        Groupe Deschênes

        Work highlights