Mar. 27, 2024 – Substantial amendments to the Investment Canada Act (ICA) were enacted on March 22, 2024, with the passing of Bill C-34, the National Security Review of Investments Modernization Act . These amendments, long in the works, will come into effect on a date to be fixed by Cabinet. It is possible...
Competition, Antitrust and Foreign Investment
Charles Tingley Hosts Counterfactual Podcast Discussing the Adam F. Fanaki Competition Law Moot
Mar. 22, 2024 – Davies partner Charles Tingley hosts the latest episode of the CBA’s Counterfactual podcast which focuses on the Adam F. Fanaki Competition Law Moot, named in memory of former Davies competition law partner and esteemed advocate, Adam Fanaki. Featured guests and co-organizers of the moot,...
Mar. 13, 2024 – The Canadian government recently issued two policy statements (IDM Statements) affirming that it will enhance its scrutiny under the Investment Canada Act (ICA) of foreign investments in the Canadian Interactive Digital Media (IDM) sector. One of the statements sets out the government’s position...
Jan. 25, 2024 – Law360 has named Commissioner of Competition v Rogers Communications Inc., Shaw Communications Inc. and Vidéotron Ltd. the #1 business decision of 2023. This matter concerned the largest merger in the history of the Canadian telecom industry, valued at C$26 billion. Davies acted for Shaw in...
Jan. 18, 2024 – Canada’s Competition Act was amended effective December 15, 2023 to both (i) establish a new, more expansive framework for challenging anti-competitive conduct by dominant firms and (ii) specifically provide that it is an anti-competitive act for a dominant firm to directly or indirectly impose...
Jim Dinning in Mergermarket on Potential Expansion of Canadian Barriers to Chinese Investments
Dec. 21, 2023 – Jim Dinning was recently interviewed for a Mergermarket article titled “Canadian barriers to Chinese investment likely to expand, remain indefinitely—advisors say. ” The article examines these barriers, which “have increased in recent years due to tensions between the Canadian and Chinese...
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 efficiency defence for...
Davies Ranks as Elite Canadian Firm in GCR 100 for the 16th Straight Year
Dec. 15, 2023 – The 2024 edition of Global Competition Review (GCR) 100 once again lists Davies as an Elite Canadian Firm—the highest category awarded in the jurisdiction and a ranking the firm has held since 2008, when Canada was first included in the ranking. GCR 100 is a comprehensive listing of the...
A New Era for Canadian Competition Law: Landmark Proposed Changes to the Competition Act Announced
Dec. 06, 2023 – The government announced significant additional amendments to Canada’s Competition Act in late November 2023, building on those already under consideration by Parliament in Bill C-56 and others enacted in 2022. More specifically, the Fall Economic Statement Implementation Act, 2023 (FES...
Great FESpectations: Further Changes to Canadian Competition Law Ahead
Nov. 23, 2023 – Canada’s Minister of Finance, Chrystia Freeland, delivered the federal government’s Fall Economic Statement (FES) on November 21, 2023, in which she announced the government’s intention to introduce “generational changes to competition law in Canada,” which will “help stabilize prices and...
Oct. 06, 2023 – Wonder what it’s like to preside over or clerk at the Canadian Competition Tribunal? Join Davies partner and Counterfactual podcast host Charles Tingley in conversation with Canadian Competition Tribunal Chair Justice Andrew D. Little and Umang Khandelwal , former law clerk to Justice Little...
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 bulletin...
Elisa Kearney Chair of the CBA’s National Competition Law and Foreign Investment Review Section
Sept. 27, 2023 – As Chair of the Canadian Bar Association’s National Competition Law and Foreign Investment Review, partner Elisa Kearney will help promote awareness and understanding of the legal and policy issues related to this practice area.
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 Act reform in...
Nathan Boidman and Peter A. Glicklich on U.S. Bill Attacking Foreign DSTs and UTPR
July 12, 2023 – Davies Senior International Tax Counsel Nathan Boidman and partner Peter A. Glicklich were recently featured in Bloomberg Tax. They co-authored a piece on H.R. 3665, or the “Defending American Jobs and Investment Act. ” This proposed legislation could, if adopted, indirectly compel other...
July 10, 2023 – Congratulations to partners Anita Banicevic and Charles Tingley for their appointments and to John Bodrug and Alysha Manji-Knight for their re-appointments to the leadership of the American Bar Association ’s Section of Antitrust Law for the 2023/24 ABA fiscal year. The Antitrust Law...
June 22, 2023 – Amendments to the Canadian Competition Act (Act), taking effect on June 23, 2023, will make it a criminal offence for unaffiliated employers to agree, conspire or arrange to “fix, maintain, decrease or control salaries, wages or terms and conditions of employment” (wage-fixing agreements);...
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 movie...
Davies’ Role in Landmark Rogers-Shaw Deal
Mar. 31, 2023 – Davies celebrates Rogers Communications Inc.’s acquisition of Shaw Communications Inc. and congratulates the team of talented lawyers who successfully navigated a challenging review process to ensure the approval of one of the largest corporate mergers in Canadian history.
Canadian Foreign Investment Law in 2023: National Security Is (Still) Paramount
Feb. 03, 2023 – In this annual review of Canadian foreign investment law, we discuss developments over the past year, including proposed amendments to the Investment Canada Act (ICA) and new government policies on the treatment of specific categories of investments. We also consider how these trends will...
Canadian Competition Law Trends for 2023: Significant Amendments and More Change Ahead
Feb. 03, 2023 – Significant amendments to Canada’s Competition Act (Act) dominated discussion about Canadian competition law policy and enforcement in 2022. Given the full implementation of the first round of amendments and the formal commencement of public consultation on further amendments, potential...
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 the government...
Global Competition Review Recognizes Davies as “Elite” Canadian Firm
Dec. 16, 2022 – For the 15th consecutive year, Global Competition Review (GCR) has recognized Davies as an “Elite” Canadian firm – the highest category in the jurisdiction – in its annual guide to the world’s top competition practices. Among our recent work across the full spectrum of competition and foreign...
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 significant since...
Government Report Indicates Robust Foreign Investment Review in Canada
Dec. 01, 2022 – The Canadian government recently released the 2021-2022 Annual Report covering non-cultural 1 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, the Annual...
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...
Women in Business Law Recognizes Seven Davies Partners
Nov. 04, 2022 – The 2022 edition of Expert Guides’ Women in Business Law recognizes seven Davies partners as leading lawyers in their fields: Anita Banicevic – Competition and Antitrust Sandra Forbes – Competition and Antitrust Natasha MacParland – Insolvency and Restructuring ...
Round One: Canada Takes a Big Swing At Its Competition Act, with More to Come
Oct. 28, 2022 – In this article originally published in the American Bar Association’s Antitrust Magazine Online , Alysha Manji-Knight and Joshua Hollenberg outline significant recent amendments to Canada’s Competition Act , including expanded abuse of dominance provisions, a new private right of access and...
Seeing Green: Sustainability Remains of Interest to the Competition Bureau
Oct. 03, 2022 – Canada’s Competition Bureau (Bureau) hosted a summit in late September, its first in-person event in more than two years. The summit explored the intersection between competition law and environmental and sustainability objectives, indicating that this area remains a high enforcement priority for...
Mark Katz Speaks to PaRR on Trends in National Security Reviews
Sept. 30, 2022 – Global news service PaRR (available to subscribers) featured Davies partner Mark Katz for his perspective on recent developments in national security reviews of foreign investments in Canada. Speaking on the increase in national security reviews in recent years, Mark noted the continuing...
Ten Davies Lawyers Recognized in Who’s Who Legal: Competition 2022
Sept. 21, 2022 – Who’s Who Legal , in collaboration with the Global Competition Review , has named Davies lawyers George N. Addy, Anita Banicevic , John Bodrug , Sandra A. Forbes , Mark C. Katz , Elisa K. Kearney , Kent E. Thomson and Charles Tingley among the world’s best competition and...
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 the...
Canadian Law Awards Names Three Davies Matters as “Deals of the Year”
May 25, 2022 – We advised on three deals that were recognized as winners at the 2022 Canadian Law Awards: Definity Financial IPO: Capital Markets Deal of the Year. We acted for the underwriters for the initial public offering and the private placement agents for the concurrent cornerstone private placements. ...
Canada Proposes Significant Amendments to the Competition Act
Apr. 29, 2022 – Earlier this week, the Canadian government introduced the Budget Implementation Act, 2022, No. 1 (Bill) to enact measures announced in its April 7, 2022 budget (Budget). The Budget foreshadowed that the Bill would contain amendments to the Competition Act (Act) that are described as “a...
Davies Advises on Litigation of the Year – Cartel Defence at 2022 GCR Awards
Apr. 08, 2022 – At Global Competition Review ’s 12th annual GCR Awards, we were honoured with the “Litigation of the Year – Cartel Defence” award for successfully representing our clients SK hynix Inc. and SK hynix America Inc. against multiple class actions alleging a price-fixing conspiracy in the dynamic...
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. We...
Canadian Competition Law Reform and Trends in 2022
Feb. 14, 2022 – As we look ahead to the trends and issues likely to be at the forefront of Canadian competition law policy and enforcement in 2022, it is clear that discussion of significant potential legislative reforms will be an important focus. In addition, key developments in merger review and class...
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...
CP and Kansas City Southern Merge into First U.S.-Mexico-Canada Railroad
Dec. 14, 2021 – Kansas City Southern (KCS) completed its transformative US$31-billion merger with Canadian Pacific Railway (CP) on December 14, 2021, creating the first U.S. -Mexico-Canada rail network. Davies acted as Canadian counsel to KCS on the deal – the biggest Canadian M&A transaction launched in 2021 –...
Global Competition Review Recognizes Davies as “Elite” Canadian Firm
Dec. 14, 2021 – For the 14th consecutive year, Global Competition Review (GCR) has recognized Davies as an “Elite” Canadian firm – the highest category in the jurisdiction – in its annual guide to the world’s top competition practices. Our international and domestic clients trust us to represent them in...
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...
Cominar to Be Sold to Iris Acquisition for $5.7 Billion
Oct. 25, 2021 – Davies is acting as counsel to Cominar REIT, one of Canada’s largest diversified real estate investment trusts and the largest commercial property owner in Québec, in its $5.7-billion sale to Iris Acquisition II LP, an entity created by a consortium led by Canderel Real Estate Property Inc., one of...
Anita Banicevic and Elisa Kearney Recognized in GCR’s Women in Antitrust 2021
Sept. 24, 2021 – Davies partners Anita Banicevic and Elisa K. Kearney are two of only six Canadian women recognized in the 2021 edition of Global Competition Review (GCR)’s Women in Antitrust , an exclusive guide to the world’s top female competition lawyers, economists, academics and enforcers. ...
Eight Davies Lawyers Recognized in Who’s Who Legal: Competition 2021
Aug. 03, 2021 – Who’s Who Legal and Global Competition Review have named Davies lawyers George N. Addy, Anita Banicevic , John Bodrug , Sandra A. Forbes , Mark C. Katz , Elisa K. Kearney and Charles Tingley among the world’s best competition and antitrust practitioners in the 2021 edition of Who’s...
July 05, 2021 – Global Competition Review recently featured Davies partner Elisa Kearney for her insights on a parliamentary committee request to ban anticompetitive labour market agreements between rivals after the Competition Bureau was unable to investigate whether three supermarket chains colluded to end...
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 a...
Davies Once Again Named Competition Firm of the Year at 2021 Benchmark Litigation Canada Awards
May 13, 2021 – Known for securing winning results when the stakes are high, Davies’ litigators have been recognized for their top-notch advocacy skills, winning Competition Firm of the Year for the second consecutive year at the 2021 Benchmark Litigation Canada Awards on May 12, 2021. In and out of the...
May 11, 2021 – More than a decade after the Canadian Competition Bureau released its 2009 Competitor Collaboration Guidelines (CCGs), which described its general approach to assessing collaborations between competitors under the Competition Act (Act), the Bureau has released updated guidelines (New CCGs) to...
Wattpad Completes Acquisition by Naver
May 10, 2021 – Davies advised global multi-platform entertainment company Wattpad Corp. in its acquisition by South Korean Internet company Naver Corporation, home of digital comics platform WEBTOON, in a cash and stock transaction valued at more than an estimated US$600 million. The acquisition will fuel the...
Pre-Merger Notification Guide: Canada’s Competition Act
Apr. 01, 2021 – Canada’s Competition Act provides that certain types of transactions exceeding monetary and other thresholds must be notified to the Competition Bureau prior to closing. Parties whose transactions exceed these thresholds and who fail to comply with the rules may face significant penalties,...
The Dangers of No-Poaching and Other Agreements Between Employers
Mar. 02, 2021 – In this article, originally published in Human Resources Director Canada , Davies partners Mark Katz and Anita Banicevic discuss the anticompetitive risks of no-poaching, wage-fixing and other agreements between employers, and point out the key takeaways for HR professionals. Read the...
Agnico Eagle Acquires TMAC Resources After Shandong Gold Deal Denied
Feb. 12, 2021 – Toronto-based Agnico Eagle Mines Limited completed its acquisition last week of TMAC Resources Inc., just weeks after the federal government denied China’s Shandong Gold Mining Co. Ltd.’s deal on national security grounds. Davies acted for Agnico Eagle in the all-cash acquisition, which was...
Alstom Acquires Bombardier Transportation to Become Leader in Global Mobility Market
Feb. 01, 2021 – French train manufacturer Alstom S.A. completed its acquisition last week of Bombardier Transportation, strengthening its position in the global market amid greater demand for greener transportation worldwide. Davies acted as Canadian counsel to Alstom in the €4.4-billion strategic acquisition,...
Mark Katz Talks to Global Competition Review About Bureau’s Decision to Drop Criminal Cartel Probe
Jan. 14, 2021 – Following the Bureau’s recent move to drop its criminal cartel investigation against Postmedia and Torstar, Davies partner Mark Katz spoke to Global Competition Review about the decision. In the article (available to subscribers), Mark said it’s positive that the Bureau has decided not to...
Top Competition and Foreign Investment Review Trends and Issues for 2021
Jan. 13, 2021 – In our annual review of Canadian competition and foreign investment review law, we evaluate how trends in these areas over the past year will influence practice in the year to come. Ongoing Impact of COVID-19 on the Competition Bureau’s Enforcement The enforcement of competition law in Canada has...
Canadian Government Blocks Foreign Acquisition of Canadian Gold Miner on National Security Grounds
Jan. 08, 2021 – The Canadian government has exercised its authority under the national security provisions of the Investment Canada Act (ICA) to prohibit Shandong Gold Mining Co., Ltd. (Shandong), a Chinese state-owned enterprise (SOE), from acquiring Canadian gold producer TMAC Resources Inc. (TMAC). This...
Early Warnings: Canada’s Regulators Issue Warning Letters to Mobile App Companies
Dec. 18, 2020 – In late November, the Canadian Radio-television and Telecommunications Commission (CRTC), the Office of the Privacy Commissioner of Canada (OPC) and the Competition Bureau (Bureau) announced the issuance of 36 warning letters to various mobile app companies in Canada. The letters are reported to...
Davies Earns “Elite” Status in Global Competition Review 2021
Dec. 15, 2020 – For the 13th consecutive year, Global Competition Review has recognized Davies as an “Elite” Canadian firm – the highest category awarded in the jurisdiction – in its annual guide of the world’s top competition practices. As trusted advisers, our competition lawyers develop unique strategies to...
Virtually There: Canada’s Competition Bureau Continues to Chart a Digital Course
Nov. 12, 2020 – While Canada’s Competition Bureau (Bureau) has been working remotely during the COVID-19 pandemic, its enforcement and activity levels have remained healthy and robust. The latest speech from the Commissioner of Competition (Commissioner) and the Bureau’s recent enforcement efforts both underscore...
Corporations Cannot Suffer Cruel and Unusual Treatment or Punishment
Nov. 06, 2020 – The Supreme Court of Canada (Supreme Court) yesterday handed down its highly awaited decision in Quebec (Attorney General) v 9147-0732 Québec inc. 1 For the first time, the Court decided that corporations cannot claim the protection of section 12 of the Canadian Charter of Rights and Freedoms ...
Are You Prepared for a Search?
Oct. 23, 2020 – The Competition Act provides the Commissioner of Competition with a number of powerful investigative tools in respect of both criminal and civil matters, including the power to obtain and execute search warrants that allow Competition Bureau officers to enter premises and to seize documentary and...
Sept. 17, 2020 – As the COVID-19 public health crisis continues to unfold around the globe, antitrust considerations remain important for businesses evaluating strategic options and reacting to the pandemic’s disruptive impact on business operations. The legality of competitor collaborations, the applicable rules...
Aug. 13, 2020 – The Minister of Innovation, Science and Industry has issued an order, under recently enacted federal legislation, extending several time periods for the national security review (NSR) process under the Investment Canada Act (ICA). The NSR process may be invoked in respect of any acquisition of,...
Anita Banicevic Comments on Revised Collaboration Guidelines in Global Competition Review
Aug. 11, 2020 – Following the Canadian Competition Bureau’s recent update of its competitor collaboration guidelines, Global Competition Review featured Davies partner Anita Banicevic for her insights on the implications of the draft guidelines, which are intended to help businesses avoid unintentionally...
Six Davies Lawyers Recognized in Who’s Who Legal: Competition 2020
July 09, 2020 – Who’s Who Legal and Global Competition Review have named Davies lawyers George Addy, Anita Banicevic , John Bodrug , Mark Katz and Elisa Kearney among the world’s best competition and antitrust practitioners in the 2020 edition of Who’s Who Legal: Competition . The guide also names ...
May 27, 2020 – Preventing corruption is a day-to-day challenge that requires society as a whole to become aware of the necessity to foster a real cultural shift. Although legislation and internal policies remain essential, they are not sufficient to prevent corruption. They must be supplemented by a genuine...
May 25, 2020 – The federal government has published a draft legislative proposal that would allow for the extension of certain legislative time limits and other periods due to COVID-19. The draft proposal (referenced as the Time Limits and Other Periods Act [COVID-19] ) released on May 20, 2020, would, among...
May 20, 2020 – In an article (available to subscribers) published today in The Globe and Mail , Davies partner Anita Banicevic was featured for her insights on Facebook’s $9-million settlement agreement with the Canadian Competition Bureau over misleading privacy claims the company made between 2012 and...
DIF Capital Partners Buys Majority Stake in Valley Fiber
Apr. 23, 2020 – Davies acted for DIF Capital Partners in its majority investment in Valley Fiber Ltd., a rapidly growing Manitoba-based fiber-optics developer. Valley Fiber aims to connect more than 15,000 homes and businesses in rural Manitoba to high-speed networks over the next few years. DIF’s all-equity...
Apr. 20, 2020 – The federal government has released a policy statement announcing its approach to foreign investment review during COVID-19, noting that it “will subject certain foreign investments into Canada to enhanced scrutiny” under the Investment Canada Act (ICA). The statement of April 18 puts foreign...
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 announced that it is...
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...
Apr. 07, 2020 – After the Competition Bureau’s announcement last week that the pre-merger notification threshold will remain the same as last year, Global Competition Review asked Mark Katz for his thoughts on the decision. “Although technically the Minister can decide not to follow that formula [set out in...
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...
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...
Elisa Kearney Shares 2020 Outlook for Foreign Investment with Lexpert
Feb. 24, 2020 – In an article published in Lexpert’s Special Edition: Finance and M&A , Davies partner Elisa Kearney was featured for her insights on the regulatory environment for foreign investors in Canada in 2020. Elisa points out that the Canadian government is generally hospitable to foreign investment,...
Top Competition and Foreign Investment Review Trends and Issues for 2020
Jan. 21, 2020 – In our annual forecast of the year ahead for Canadian competition and foreign investment review law, we evaluate how developments in 2019 will influence these areas of the law in 2020. We discuss below the main issues and trends to watch for this year. Continued Focus on Enforcement in the...
Davies Scores Top Ranking in Global Competition Review 2020
Jan. 20, 2020 – For the 12th consecutive year, Global Competition Review has named Davies an “Elite” Canadian firm in its annual listing of the world’s top competition practices – the highest category awarded in the jurisdiction. The guide commends our role in a “long list of global deals” over the past year,...
Mark Katz Reflects on Competition Tribunal Review Process in Global Competition Review
Jan. 16, 2020 – In an article (available to subscribers) published this week in Global Competition Review , Mark Katz shared his perspectives on the Competition Tribunal’s recent order denying the Competition Bureau’s request to expedite its challenge of Parrish & Heimbecker’s grain elevator acquisition. ...
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 review...
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...
New Era, New Disclosure Obligations
Dec. 17, 2019 – In a case argued by Davies, the Court of Québec rendered a judgment on December 10 setting out, for the first time, the conditions that must be met for the electronic disclosure of evidence by the Crown to be “reasonably accessible”, respectful of the accused’s fundamental rights and consistent...
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...
Hostess Brands Acquiring Voortman Cookies
Dec. 03, 2019 – Davies acted as Canadian counsel to Hostess Brands Inc. in its $425-million acquisition of Voortman Cookies Limited, a leading North American wafer and cookie company, from Swander Pace Capital. The acquisition diversifies and expands Hostess’s product offerings, providing it with a unique...
Mark Katz Speaks to Global Competition Review About Canadian Anti-Cartel Enforcement
Nov. 28, 2019 – Following the recent sentencing of a fourth individual in a Gatineau bid-rigging cartel, Global Competition Review featured Mark Katz ’s insights in an article (available to subscribers) about Canada’s treatment of conspiracy and bid-rigging offences. “Although the penalty handed down in this...
Davies Recognized as a “Pre-eminent” Law Firm in The Legal 500 Canada
Nov. 14, 2019 – The Legal 500 Canada 2020 has reaffirmed our standing as a leader among our peers, with clients and industry experts commending the firm for its “incredible depth and consistency” and “flawless execution and exceptional service. ” This year’s directory recognized 45 of our lawyers, including 27...
Elisa Kearney Named Secretary-Treasurer of the Competition Law Executive
Oct. 17, 2019 – Davies partner Elisa Kearney has been appointed to serve as Secretary-Treasurer on the Canadian Bar Association’s Competition Law Section Executive. In her new role, Elisa will lend her expertise in supporting the Section’s mission to promote legal and policy analysis, dialogue, education,...
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 mergers...
Top Court Expands Scope of Potential Liability in Price-Fixing Class Actions
Sept. 24, 2019 – The Supreme Court of Canada has released its long-awaited decision in two companion appeals that have significant implications for class actions alleging conduct that contravenes the criminal provisions found in Part VI of the Competition Act (Act). In its decision in Pioneer Corporation v...
Sept. 19, 2019 – The Financial Post recently featured Anita Banicevic ’s insights on the Competition Bureau’s call for complaints concerning anticompetitive conduct in the digital economy. In the article , Anita explains that the Bureau “is looking to collect information and understand facts to determine...
Sept. 11, 2019 – A recent article in Global Competition Review (available to subscribers) featured Mark Katz and Anita Banicevic ’s reactions to the Competition Bureau’s call for businesses and consumers to report potentially anticompetitive conduct in the digital economy. Mark commented that there is “no...
Anita Banicevic Discusses Bureau’s Robust Enforcement Plan with National Magazine
Aug. 30, 2019 – National Magazine recently featured Anita Banicevic ’s insights on the Competition Commissioner’s aggressive vision for Canada’s Competition Bureau. In the article , Anita remarks that one of her biggest takeaways from the Commissioner’s speech at the CBA Competition Law Spring Conference is...
Mark Katz Weighs In on Private Competition Claims in Global Competition Review
Aug. 12, 2019 – Global Competition Review recently featured Mark Katz ’s insights into the private actions regime in Canada following the Competition Tribunal’s refusal to allow an abuse of dominance claim against a Québec Crown corporation. In the article (available to subscribers), Mark explains that the...
What’s FaceApp and Facebook Got to Do with Competition Compliance in Canada?
Aug. 06, 2019 – While summer can sometimes be a quieter time for antitrust enforcement, the debate about the role of antitrust in the tech sector is hotter than ever with a number of significant developments over the past few weeks. Among these developments, the U.S. Federal Trade Commission (FTC) recently...
Canada’s Competition Bureau Releases Draft Model Timing Agreement for Merger Efficiencies Claims
July 22, 2019 – Canada’s Competition Bureau has released a draft model timing agreement for mergers where the parties wish to raise efficiencies claims. For context, Canada’s efficiencies defence provides that no remedy may be imposed in respect of a merger that substantially lessens competition when the...
Facing the Music: The Pitfalls of Obstruction Under Canada’s Competition Act
July 17, 2019 – Conventional wisdom (at least since Watergate) tells us that “it’s not the crime, it’s the cover-up. ” In other words, it’s possible to violate the law by trying to conceal an alleged crime – even if it turns out that the allegation of criminal conduct is never substantiated. In the same way, a...
Seven Davies Lawyers Recognized in Who’s Who Legal: Competition 2019
July 02, 2019 – The 2019 edition of Who’s Who Legal: Competition has named Davies lawyers George Addy, Anita Banicevic , John Bodrug , Adam Fanaki, Mark Katz and Elisa Kearney as leaders in their field. The guide also names Charles Tingley as a Future Leader – a recognition awarded to practitioners aged...
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...
Canada’s New Competition Commissioner Announces Aggressive Enforcement Plans
June 17, 2019 – Last month, Canada’s newly appointed Commissioner of Competition, Matthew Boswell, promised to prioritize more aggressive competition law in Canada. In his first speech since he was appointed to the position for a five-year term, as well as in subsequent interviews and public pronouncements ,...
Thirty Davies Partners Named Leaders in Cross-Border Law
June 14, 2019 – In recognition of our reputation for excellence in advising on cross-border issues, the 2019 Lexpert Guide to US/Canada Cross-Border Lawyers in Canada has named 30 of our partners as leaders in the field. The guide highlights our lawyers’ expertise across eight key areas, including Business...
Anita Banicevic Speaks to the Financial Post About Competition Commissioner’s Focus on Enforcement
May 24, 2019 – In an article published this week in the Financial Post, Anita Banicevic shared her thoughts on the direction of Canada’s Competition Bureau under its new Commissioner, Matthew Boswell. “We’re already starting to see the Commissioner’s focus on active enforcement playing itself out, and what...
Mark Katz Speaks to GCR About Monopoly Claims Against Canadian Crown Corporations
May 23, 2019 – In a recent article (available to subscribers) published by Global Competition Review, Mark Katz spoke about the application of Canada’s Competition Act to Crown corporations. Last month, the former owner of a private security company in Québec applied for permission to sue the statutory...
Bayer/Monsanto/BASF Wins Matter of the Year at 2019 GCR Awards
Apr. 01, 2019 – Davies was among the firms honoured with the “Matter of the Year” award for our work on the Bayer/Monsanto/BASF merger and related divestments at the 9th annual GCR Awards on March 26 in Washington, D.C. Davies acted for Monsanto Company on competition and regulatory matters in the US$66-billion...
Court of Appeal Expands the Range of Fundamental Rights of Legal Persons
Mar. 18, 2019 – In a judgment rendered on March 4, 2019 in 9147-0732 Québec Inc. c. Directeur des poursuites criminelles , 2019 QCCA 373, the Court of Appeal of Québec ruled for the first time on whether legal persons can avail themselves of the right not to be subjected to any cruel and unusual treatment or...
George Addy and Anita Banicevic Speak to Law Times About Role of Competition Bureau
Mar. 01, 2019 – With the appointment of a new Commissioner of Competition expected in the first half of 2019, Davies lawyers George Addy and Anita Banicevic spoke to Law Times about the direction and priorities of Canada’s Competition Bureau. With respect to regulation of the digital economy, George is...
Davies Lawyers Unrivalled in Chambers Global 2019
Feb. 19, 2019 – Chambers and Partners has once again recognized Davies as a top Canadian law firm in the 2019 edition of Chambers Global: The World’s Leading Lawyers for Business . This year’s guide recognizes 39 Davies lawyers with 45 rankings, including 16 lawyers ranked Band 1 – more than any other law firm...
Investment Canada Act: Guide for Foreign Investors in Canada, 2019 Edition
Feb. 02, 2019 – The regulatory landscape for foreign investments in Canada is constantly evolving. As a regular adviser on matters relating to the Investment Canada Act (ICA), Davies has updated this informative guide for foreign investors and their advisers, which provides an overview of the ICA and how it is...
Davies Named “Elite” Canadian Firm by Global Competition Review
Jan. 24, 2019 – Davies’ Competition, Antitrust & Foreign Investment team has once again garnered an “Elite” ranking for Canada in the GCR’s annual survey of the world’s top competition practices – the highest category awarded in the jurisdiction. The guide commends Davies’ “long list of global deals” over the...
Top Competition and Foreign Investment Review Trends and Issues for 2019
Jan. 15, 2019 – In our 2019 annual forecast of what lies ahead for Canadian competition law and foreign investment review, we set out our views on the top issues and trends to watch this year. With the appointment of the next Commissioner of Competition expected shortly, a federal election ahead in the fall of...
Davies Recognized as “Top of the Class” in The Legal 500 Canada
Dec. 03, 2018 – The 2019 edition of The Legal 500 Canada has recognized Davies as being “consistently top tier in both service and expertise” and the “best representation at the table,” with Tier 1 rankings in the following practice areas: Competition and Antitrust Corporate and M&A Dispute...
Nov. 12, 2018 – Perhaps the most controversial feature of Canada’s anti-spam legislation (CASL) 1 is its broad approach to liability for various actors and intermediaries involved in electronic communications. As we have previously explained , persons may be liable under CASL if they “cause” or “permit” a...
Court of Appeal Opens the Floodgates to Umbrella Purchaser Claims in Ontario (For Now)
Oct. 26, 2018 – In Shah v LG Chem Ltd. , the Court of Appeal for Ontario considered whether “umbrella purchasers” can assert statutory and common law claims in connection with alleged price-fixing conspiracies. Umbrella purchasers are those who purchase products directly or indirectly from non-conspirators,...
Davies Receives Highest Percentage of Band 1 Rankings in Chambers Canada 2019
Sept. 26, 2018 – Davies has once again been recognized as one of Canada’s top law firms in Chambers Canada 2019 , with 26 of our lawyers receiving Band 1 rankings – the highest percentage among all firms relative to firm size. The firm also received the highest percentage of lawyer rankings relative to firm size,...
John Bodrug Authors Globe and Mail Op-Ed on Lengthening Global Merger Reviews
Sept. 05, 2018 – Eyewear industry leaders Essilor and Luxottica recently completed regulatory clearances of their planned merger, more than 18 months after the deal was announced. In an article published in The Globe and Mail , Davies partner John Bodrug writes that this transaction reflects a trend toward...
Best Lawyers in Canada Honours 102 Davies Partners
Aug. 21, 2018 – Davies has once again earned top rankings in the 2019 edition of Best Lawyers in Canada , with 102 partners recognized as leading lawyers across 37 practice areas. The firm has also been named “Firm of the Year” in Mergers & Acquisitions Law and Competition/Antitrust Law. Additionally, this...
Aug. 20, 2018 – Justice Perell, of the Ontario Superior Court of Justice, has rendered his costs award in respect of his earlier decision granting summary judgment (see our March 23, 2018 bulletin ) in favour of the defendants in Hughes v Liquor Control Board of Ontario . The case was a proposed class...
June 19, 2018 – Davies partners George Addy, Anita Banicevic , John Bodrug , Adam Fanaki, Sandra Forbes , Mark Katz and Elisa Kearney have been identified as leaders in their field in the 2018 edition of Who’s Who Legal: Competition . In addition, Davies partner Charles Tingley has been named a Future...
June 13, 2018 – Canada’s Competition Bureau published the final version of its 2018-19 Annual Plan on May 30, 2018. The Annual Plan coincides with the retirement of John Pecman, who served as Canada’s Commissioner of Competition for the past five years. The Annual Plan, together with recent Bureau publications...
Bayer AG Acquires Monsanto Company for US$63 Billion
June 11, 2018 – Davies acted for Monsanto Company with respect to Canadian regulatory matters in its approximately US$63 billion acquisition by Bayer AG. The merger, which will form a global leader in agriculture, faced extensive regulatory reviews internationally and in Canada. To address concerns about the...
Canadian Competition Act Amended to Harmonize Treatment of Corporations and Non-Corporate Entities
May 03, 2018 – Years after first being proposed, amendments to the Canadian Competition Act (Act) harmonizing the application of the “affiliate” rules to corporate and non-corporate entities, including partnerships and trusts, were proclaimed in force on May 1, 2018. Although technical in nature, these...
Increased Filing Fees for Merger Reviews Under the Canadian Competition Act
Apr. 25, 2018 – The Canadian Competition Bureau has announced that the filing fee for merger reviews under the Competition Act (Act) will increase to $72,000, from $50,000, effective May 1, 2018. The fee will be adjusted for inflation annually thereafter. This 44% increase represents the first change to the...
Canada Proposes Regime for Deferred Prosecution Agreements
Apr. 11, 2018 – The Canadian government recently tabled legislation to implement a regime for deferred prosecution agreements (DPAs) for corporations accused of certain types of federal offences for which conviction would disqualify the corporation from federal government contracts. This proposal follows...
Mar. 23, 2018 – On March 15, 2018, Justice Perell of the Ontario Superior Court of Justice dismissed a proposed class action ( Hughes v. Liquor Control Board of Ontario ) concerning a document (Framework) signed by the Liquor Control Board of Ontario (LCBO) and the owner and operator of The Beer Store,...
Davies Lawyers Peerless in Chambers Global 2018
Feb. 16, 2018 – Davies’ status as a leading Canadian law firm has once again been confirmed by Chambers and Partners in its annual publication Chambers Global: The World’s Leading Lawyers for Business . The 2018 edition of the guide recognizes 40 Davies lawyers with 46 rankings, including 15 lawyers ranked Band...
Anita Banicevic Pens Op-Ed for Globe and Mail on the Competition Bureau’s Role in the Data Economy
Feb. 07, 2018 – In an article published this week in The Globe and Mail , Davies partner Anita Banicevic poses the question whether Canada’s Competition Bureau should be involved in privacy-related enforcement of “big data. ” Anita explains that although the Office of the Privacy Commissioner (OPC) is...
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...
Jan. 29, 2018 – Speaking to The Globe and Mail and the Canadian Press, Davies partner Anita Banicevic discussed the application filed this week by the Competition Bureau against Ticketmaster and its parent company Live Nation Entertainment for allegedly imposing non-optional fees that are not disclosed in...
Anti-Corruption Legislation in Canada
Jan. 25, 2018 – This publication summarizes Canada’s foreign and domestic anti-corruption legislation in relation to dealings with public officials. It is relevant for both Canadian-based entities operating abroad and foreign and domestic businesses operating in Canada. Download our perspective .
Jan. 15, 2018 – This article was originally published in the American Bar Association’s International Antitrust Bulletin . The evaluation and treatment of data and “big data” in antitrust has become an increasingly popular topic of debate and discussion in international antitrust circles. In a global economy...
Thought Leaders in Competition
Dec. 27, 2017 – Three Davies partners have been named as “Thought Leaders for Competition” in Who’s Who Legal: Thought Leaders – Competition 2018. George Addy, Anita Banicevic and Mark Katz are included in the inaugural publication, which profiles practitioners in the competition field whom the market has...
Addressing Corporate Wrongdoing
Dec. 20, 2017 – In an article published by the Canadian Bar Association, John Bodrug commented on the CBA’s feedback on the federal government’s consultation on addressing corporate wrongdoing, including proposed revisions to the Integrity Regime and the possible introduction of deferred prosecution...
Canadian Competition Bureau Revises Pre-Merger Notification Guidance on Acquisitions by Creditors
Dec. 14, 2017 – The pre-merger notification requirements of the Canadian Competition Act (Act) contain an exemption for certain types of acquisitions by creditors. In late October, the Competition Bureau revised one of its pre-merger notification interpretation guidelines (originally issued in 2011) to confirm...
Canada’s Competition Bureau Releases Draft Fintech Report: What’s Next?
Dec. 07, 2017 – In May 2016, Canada’s Competition Bureau announced that it was launching a market study into technology-led innovation in the Canadian financial services sector, also known as “fintech. ” Eighteen months later, in November 2017, the Bureau released a detailed draft report for comment. Below we...
Davies Recognized as “Truly Outstanding” in The Legal 500 Canada
Nov. 30, 2017 – The 2018 edition of The Legal 500 Canada has recognized Davies for its “vast and valuable experience” and “peerless market knowledge,” with rankings in 13 categories, including Tier 1 rankings in the following: Capital Markets Competition and Antitrust Corporate and M&A ...
Canadian Competition Bureau Releases Revised Immunity Program for Consultation
Nov. 07, 2017 – The Competition Bureau released a revised version of its Immunity Program (Revised Immunity Program) for public consultation on October 26, 2017. The Immunity Program is intended to provide incentives to businesses and individuals to report conduct that constitutes an offence under the ...
Aecon Selling All Issued and Outstanding Shares to CCCI
Oct. 26, 2017 – Davies is representing Aecon Group Inc. (Aecon), a leading provider of Canadian construction services, in its $1.5-billion acquisition by CCCC International Holding Limited (CCCI). CCCI is the overseas investment and financing arm and a wholly owned subsidiary of China Communications Construction...
Forty-nine Davies Lawyers Recognized in Who’s Who Legal: Canada
Oct. 24, 2017 – Law Business Research’s Who’s Who Legal: Canada 2017 names 49 Davies partners as leading lawyers, including eight Most Highly Regarded practitioners, across 18 different practice areas. Who’s Who Legal nominees are selected on the basis of comprehensive, independent surveys conducted among...
Six Davies Partners Recognized in Women in Business Law
Oct. 12, 2017 – The 2017 edition of Expert Guides’ Women in Business Law recognizes six Davies partners as leading lawyers in their fields: Anita Banicevic Sandra Forbes Patricia Olasker Carol Pennycook Alexandria Pike Sarah Powell The guide celebrates the...
Chambers Canada 2018 Recognizes Davies as a Leader in 23 Practice Areas
Oct. 04, 2017 – Davies has once again been recognized as one of Canada’s top law firms by Chambers & Partners in Chambers Canada: Canada’s Leading Lawyers for Business . The 2018 edition of the guide reaffirms our position as a leader in the industry, with 62 of our lawyers ranked 79 times, including 25 Band 1...
Government of Canada Consults on Tools to Address Corporate Wrongdoing
Sept. 28, 2017 – Many jurisdictions around the world have implemented frameworks to deter and address the consequences of criminal and quasi-criminal business practices by corporations. In an effort to ensure that Canada has the right tools to address corporate crimes, on September 25, 2017, the Canadian...
Davies Honoured as Competition Law Firm of the Year at the Chambers Canada Awards
Sept. 27, 2017 – Davies was recognized as Competition Law Firm of the Year at the Chambers Canada Awards. The firm was also shortlisted for Corporate Law Firm of the Year. The Chambers Canada Awards were presented on September 27, 2017, at the Toronto Marriott City Centre Hotel. Based on Chambers & Partners’...
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...
Sept. 06, 2017 – Davies partner Anita Banicevic has been appointed chair of the Canadian Bar Association’s Competition Law Section. Anita was elected to this position by her peers, and her one-year term began officially on September 1, 2017, immediately following her term as first vice-chair. As chair of the...
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 ...
Jim Dinning Comments on Influencer Sponsorships
July 13, 2017 – Davies partner Jim Dinning was quoted in a CBC article about a growing trend among Canadian athletes and other influencers who are tagging paid social media posts with #sponsored or #ad on their feeds. The rise of influencers making sponsored posts has highlighted the lack of clarity regarding...
PSP Investments Announces Strategic Initiatives with Pattern Energy
July 04, 2017 – Davies represented the Public Sector Pension Investment Board (PSP Investments), one of Canada’s largest pension investment managers, in a series of transactions with Pattern Energy Group Inc. (PEGI). PEGI is an independent power company, listed on the Nasdaq Global Select Market and Toronto Stock...
Barrick Gold Completes Strategic Divestiture and Partnership with Shandong Gold
June 30, 2017 – Davies acted for Barrick Gold Corporation in its transaction with Shandong Gold that included the following: sale of a 50% interest in the Veladero gold mine for US$960 million; the negotiation of a 50/50 joint venture arrangement in respect of the Veladero gold mine; the...
Suspension of Private Relief: CASL’s Private Right of Action Delayed
June 09, 2017 – Since its implementation in July 2014, Canada’s anti-spam law, or CASL, has continued to generate a fair amount of controversy due to its broad application and the availability of significant administrative monetary penalties. As we described in prior publications ( The Other Shoe Drops: The...
International Merger Enforcement — A Canadian Context
June 01, 2017 – This article, which was originally published on the CompLaw Blog, explores the different conclusions Canada and the U.S. arrived at in the review of that transaction and how the two countries differ on industrial review. This paper presented at the Antitrust in the Americas Conference of the...
Three Davies Partners Named Future Leaders of Competition Law
May 19, 2017 – Who’s Who Legal and Global Competition Review have recognized Davies partners Anita Banicevic , Elisa Kearney and Charles Tingley in the first edition of Who’s Who Legal: Future Leaders – Competition . The guide profiles leading practitioners aged 45 and under within the competition...
Davies Earns Top Marks in The Canadian Legal Lexpert Directory 2017
May 05, 2017 – The Canadian Legal Lexpert Directory 2017 has recognized 91 Davies lawyers as leading practitioners, with 33 achieving the highest ranking of Most Frequently Recommended in at least one area of specialization. Our firm is also recognized as Most Frequently Recommended in 16 practice areas. ...
The Other Shoe Drops: The Private Right of Action Under CASL
Apr. 26, 2017 – The bulk of Canada’s anti-spam law, known colloquially as CASL, came into force on July 1, 2014. CASL sets out strict rules for a variety of online behaviours and is considered the strictest anti-spam law in the world, providing for administrative monetary penalties (AMPs) of up to $1 million for...
Barrick Gold Announces Three-Way Transaction with Goldcorp and Kinross
Apr. 07, 2017 – Davies acted for Barrick Gold in its announced, highly complex three-way transaction with Goldcorp and Kinross Gold. This transaction involved Barrick’s sale of its 25% stake in the Cerro Casale Project to Goldcorp and Goldcorp’s acquisition of Kinross’s entire 25% interest in the Cerro Casale...
Davies Lawyers Unmatched in Chambers Global 2017
Mar. 27, 2017 – Davies’ status as a leading Canadian law firm has once again been confirmed by Chambers and Partners in its annual publication Chambers Global: The World’s Leading Lawyers for Business . Davies has the highest percentage of Band 1 lawyer rankings as well as the highest percentage of overall...
Fintech TIO Networks to Be Acquired by PayPal for C$304 Million
Mar. 09, 2017 – Davies advised the Special Committee of the board of directors of TIO Networks Corp., a leading North American cloud-based multi-channel bill payment processor, in its acquisition by PayPal Holdings, Inc. TIO accelerated PayPal’s entry into bill payments with 14 million consumer bill pay accounts,...
The Cartels and Leniency Review: Canada
Jan. 31, 2017 – The Competition Act (Act) is Canada’s key antitrust legislation. The stated purpose of the Act is to maintain and encourage competition in Canada to promote the efficiency and adaptability of the Canadian economy. Within this federal legislation are provisions dealing with reviewable practices,...
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 Investment...
Most Favored Nation Clauses: A Review of Enforcement Activity
Jan. 20, 2017 – Most favored nation (MFN) clauses in vertical agreements are essentially arrangements between buyers and sellers, pursuant to which one party guarantees that the other will receive the best price or terms for a product or service. MFNs are ubiquitous and have become increasingly popular in a...
Compliance Alert: Competition Law Issues for HR Professionals in Canada
Dec. 21, 2016 – Introduction On October 20, 2016, the United States Federal Trade Commission (FTC) and the Antitrust Division of the U.S. Department of Justice (Antitrust Division) jointly issued special compliance guidelines (HR Guidelines) 1 for human resource (HR) professionals and others involved in hiring...
What Does CETA Mean for EU and Canadian Competition Policy?
Dec. 13, 2016 – With the Comprehensive Economic and Trade Agreement (CETA) having finally been signed by the EU and Canada on October 30, 2016, it’s worth exploring what it says about competition law and policy and how it may impact these issues on both sides of the Atlantic. Read more on What Does CETA Mean for...
Watch This (Email) Space: New Private Right of Action for Misleading Representations
Dec. 02, 2016 – As 2016 draws to a close, almost everyone is consumed with preparing for the coming holiday season. However, businesses advertising in Canada would be wise to take a few moments this holiday season to start planning for next summer. Beginning in July 2017, private parties will be able to sue for...
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 (ICA); committing...
Nov. 29, 2016 – On November 25, 2016, the Supreme Court of Canada rendered two decisions confirming that express, clear legislative language is required to compel production of solicitor-client- or litigation-privileged documents, and reaffirming the wide protection afforded these privileges. Alberta...
Canada Lowers the Wall to Foreign Investment
Nov. 11, 2016 – At a time when trade globalization is attracting new controversy, the Canadian government has taken steps to encourage increased foreign investment in Canada. These measures promise a more attractive and welcoming foreign investment climate. First, the Canadian government has announced that one...
Davies Recognized as “Simply Elite” in The Legal 500 Canada
Nov. 11, 2016 – The 2017 edition of The Legal 500 Canada has recognized Davies for its “simply elite” lawyers and “client-focused team players” with rankings in 14 categories, including Tier 1 rankings in the following: Capital Markets Competition and Antitrust Corporate and M&A Dispute...
Competition Law Considerations for the Franchise Industry in Canada
Oct. 22, 2016 – The Canadian franchise industry constitutes an important sector of the Canadian economy. The industry employs one in every 35 Canadian, generates approximately C$68 billion in revenues, and covers a wide variety of businesses (60% of franchisees are in non-food sectors and industries.) ...
Chambers Canada 2017 Recognizes Davies as a Leader in 24 Practice Areas
Oct. 12, 2016 – Davies was recognized as one of Canada’s top law firms by Chambers & Partners in Chambers Canada: Canada’s Leading Lawyers for Business . Once again, Davies leads Canada’s 30 largest law firms with the highest percentage of lawyer rankings, as well as the highest percentage of lawyers ranked and...
Couche-Tard Acquiring CST Brands for US$4.4 Billion
Aug. 22, 2016 – Davies represented Alimentation Couche-Tard Inc. (ACT), a leader in the Canadian convenience store industry, in its acquisition of CST Brands, Inc. for US$4.4 billion and its subsequent sale of a portion of CST Brands’ Canadian assets to Parkland Fuel Corporation for US$750 million. The...
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...
International Cartel Enforcement
July 12, 2016 – Panelist: International Cartel Enforcement , Pages 209-224. Download this article.
July 05, 2016 – The integrity regime (then known as the integrity framework) was first adopted in November 2012, in response to the July 2012 conviction of a supplier of real estate advisory services for bid-rigging on a federal government contract. The regime has gone through several iterations since then with...
June 30, 2016 – Different Legal Standards Lead to Different Outcomes for Same Proposed Merger On June 28, 2016, Canada’s Competition Bureau announced that it had cleared Superior Plus Corporation’s acquisition of Canexus Corporation despite the Bureau’s conclusion that the transaction “would likely result in...
Canada, Competition and Fintech: A Review
June 29, 2016 – On May 19, 2016, Canada’s Competition Bureau (Bureau) announced that it is launching a “market study” into technology-led innovation in the Canadian financial services sector, also referred to as “fintech. ” The Bureau’s study will focus on how innovation is affecting the way consumers and...
Davies and 84 of the Firm’s Lawyers Highly Ranked in The Canadian Legal Lexpert Directory 2016
June 23, 2016 – The Canadian Legal Lexpert Directory 2016 has profiled 84 Davies lawyers as leading practitioners, with 32 achieving the highest ranking of Most Frequently Recommended in at least one area of specialization. The firm is also recognized as Most Frequently Recommended in the following eight...
May 13, 2016 – On April 4, 2016, the Canadian federal government amended its Integrity Regime, which governs the qualification of suppliers to enter into contracts with Public Works and Government Services Canada (PWGSC) and a number of other federal departments and agencies. The amendments are intended to...
Reviewing the Situation: Is Canada Able to Enforce Its Anti-cartel Laws Effectively?
May 10, 2016 – Although the vast majority of cartel matters in Canada are resolved through negotiated pleas, parties will occasionally choose to fight rather than settle. Two such contested cases came to a close in 2015, with the accused parties prevailing in both instances. In the process, these cases have...
May 06, 2016 – Both the National Post (Financial Post) and The Globe and Mail (subscriber only) quoted Davies partner Anita Banicevic in articles examining the Competition Bureau ’ s criminal and civil investigation of Volkswagen Group Canada Inc. and Audi Canada Inc. “It’s important to keep in mind...
May 05, 2016 – Since its arrival in Canada in 2012, Uber has generated heated discussion among affected interests, notably the established taxi industry, regulatory bodies overseeing the industry, and municipal and provincial governments responsible for putting the existing regulatory frameworks into place. In...
Controlling the Housing Bubble
Apr. 22, 2016 – With the rising cost of real estate in Canada, affordability continues to be a hot topic. In Australia, foreigners are limited to acquisitions of new dwellings, with approval in advance from the Australian Foreign Investment Review Board. Canada and its cities are considering foreign investment...
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...
Competition Law Considerations for H.R. Professionals
Mar. 23, 2016 – Do your company’s H.R. practices violate Canadian competition law? In this article from The Lawyer’s Weekly , Davies partner Mark Katz examines the ways in which competition claims can arise in the H.R. and employment contexts and the steps that H.R. professionals can take to avoid these...
Davies Lawyers Continue to Lead in Chambers Global 2016
Mar. 23, 2016 – Davies’ status as a leading Canadian law firm has once again been confirmed by Chambers and Partners in its annual publication, Chambers Global: The World ’ s Leading Lawyers for Business . Davies has the highest percentage of Band 1 lawyer rankings of any Canadian law firm. The 2016 edition...
Recent Developments in Canadian Cartel Enforcement
Mar. 18, 2016 – 2015 saw a number of interesting developments in cartel enforcement in Canada, the most important of which were setbacks suffered by Canada ’ s competition authorities in two high-profile prosecutions. This article discusses these and other developments, following a brief overview of the cartel...
Mar. 09, 2016 – Davies acted for Alimentation Couche-Tard Inc. (Couche-Tard), the leader in the Canadian convenience store industry, in connection with its $1. 68-billion acquisition of 279 Esso-branded fuel and convenience sites; 229 of which were located in Ontario and 50 were located in Québec. The acquisition...
McKesson Enters into Agreement to Acquire Rexall for $3 Billion
Mar. 02, 2016 – Davies acted for McKesson Corporation, a leading international healthcare services and information technology company, in connection with its $3-billion acquisition of Rexall and Rexall Pharma Plus, which operate approximately 470 pharmacies in Canada, from Katz Group, one of Canada’s largest...
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 proceedings. ...
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...
Davies Named an Elite Firm in GCR 100, 16th Edition
Jan. 15, 2016 – Davies was once again recognized by Global Competition Review in its annual GCR 100 list as an Elite Canadian firm, the highest category awarded in the jurisdiction. Davies partners George Addy, Anita Banicevic , John Bodrug , Adam Fanaki, Sandra Forbes , Mark Katz , Elisa Kearney ...
Shaw Communications Enters into Agreement to Sell Shaw Media to Corus Entertainment
Jan. 13, 2016 – Davies acted for Shaw Communications in connection with its sale of Shaw Media to Corus Entertainment for $2. 65 billion. Shaw Media owns Global Television Network and 19 specialty channels including HGTV Canada, Food Network Canada and Showcase. This transaction firmly positioned Shaw as a...
Competition Tribunal Dismisses Refusal to Deal Application Against CarProof, AutoTrader and Kijiji
Jan. 06, 2016 – On January 4, 2016, the Canadian Competition Tribunal publicly released its decision dismissing Audatex Canada ULC’s application for leave to bring a refusal to deal application under the Competition Act against CarProof Corporation, Trader Corporation and Marktplaats BV. Audatex wanted the ...
WIND Mobile Enters into Agreement to Be Acquired by Shaw Communications
Dec. 17, 2015 – Davies acted for WIND Mobile Corp. (WIND) and its shareholders including West Face Capital in connection with Shaw Communications Inc.’s acquisition, by plan of arrangement, of a 100% interest in Mid-Bowline Group Corp. and its wholly owned subsidiary, WIND, for an enterprise value of...
Davies Recognized as “Simply the Best” in The Legal 500 Canada
Oct. 21, 2015 – The 2016 edition of The Legal 500 Canada has recognized Davies for its “world-class lawyers” and “excellent service levels” with rankings in 14 categories, including Tier 1 rankings in the following: Capital markets Competition and antitrust Corporate and M&A Dispute...
Oct. 20, 2015 – Originally published by Global Legal Group , this article offers practical insight into telecoms, media and Internet laws and regulations in Canada. Download this article.
Davies Recognized as a Leader in Chambers Canada 2016
Oct. 13, 2015 – Davies Ward Phillips & Vineberg LLP has been recognized as one of Canada’s top law firms by Chambers & Partners in the first edition of Chambers Canada: Canada’s Leading Lawyers for Business . Davies has the highest percentage of lawyer rankings as well as the highest percentage of Band 1...
Sept. 30, 2015 – Canada’s Commissioner of Competition is armed with a variety of compulsory powers that he can use in pursuing investigations. One such power is the ability, with the permission of a court, to subpoena documents and information under section 11 of the Canadian Competition Act . Of late, the...
Davies Honoured at The American Lawyer’s 2015 Global Legal Awards Gala
Sept. 29, 2015 – Last night, at The American Lawyer ’s 2015 Global Legal Awards gala in New York City, Davies was honoured for the firm’s role in the acquisition of Tim Hortons Inc. by Burger King Worldwide, Inc. and the creation of Restaurant Brands International, which was recognized as Global M&A Deal of the...
Art of the Deal: A Whopper of a Deal – Lexpert
Sept. 08, 2015 – In a Lexpert article offering a behind-the-scenes look at Burger King ’ s acquisition of Tim Hortons and the creation of Restaurant Brands International , Davies partners Patricia Olasker and George Addy reveal the long hours and innovative work that went into securing the regulatory...
Davies Recognized by The American Lawyer for Global M&A Deal of the Year: Canada
Aug. 27, 2015 – Davies has been honoured by The American Lawyer ’s 2015 Global Legal Awards for the firm’s role in Burger King Worldwide, Inc.’s acquisition of Tim Hortons Inc. and the creation of Restaurant Brands International, which was recognized as Global M&A Deal of the Year: Canada. Successfully...
Barrick Enters into an Agreement to Sell 50% of Zaldívar Mine to Antofagasta Plc
July 31, 2015 – Davies acted for Barrick Gold Corporation in connection with its $1. 005-billion sale of a 50% interest in the Zaldívar copper mine in Chile to Chile-based Antofagasta Plc. With this agreement, Barrick formed a new joint venture partnership with Antofagasta, one of the world’s leading copper...
Stericycle, Inc., to Acquire Shred-it International for US$2.3 Billion
July 23, 2015 – Davies acted as Canadian counsel for Stericycle, Inc., in its acquisition of Shred-it International, a Canadian-based global secure information destruction services provider, for US$2.3 billion in cash. Stericycle, Inc., a U.S. -based company operating in 13 countries, focuses on compliance and...
Davies and 81 of the Firm’s Lawyers Highly Ranked in The Canadian Legal Lexpert Directory 2015
June 26, 2015 – The Canadian Legal Lexpert Directory 2015 profiled 81 Davies lawyers as leading practitioners, with 29 achieving the highest ranking of Most Frequently Recommended in at least one area of specialization. The firm was also recognized as Most Frequently Recommended in the following eight...
Canadian Pre-Merger Notification: Overview
June 22, 2015 – The Competition Act R.S.C. 1985, c. C34 ( Competition Act ) requires that mergers, acquisitions and other business combinations that meet certain prescribed thresholds be notified to the Commissioner of Competition (Commissioner), who is the head of the federal Competition Bureau (Bureau),...
Navigating the Choppy Waters of Foreign Anticorruption Enforcement
June 01, 2015 – The first reported case of corporate foreign corruption dates back to the 16th century, when the British East India Company bribed Mogul rulers with “rare treasures, including paintings, carvings and costly objects made of copper, brass and stone” in consideration of a tax break on exports. ...
Pétroles Global: Calculating Fines Imposed on Corporations
May 04, 2015 – When an organization – including a corporation, a company or a partnership – is found guilty of a criminal offence, section 718. 21 of the Criminal Code requires a court to take a number of factors into consideration when determining the fine, including: any profits realized as a result of...
Apr. 06, 2015 – New York’s Waldorf Astoria hotel is renowned for many things. An icon of glamour and luxury, the Waldorf Astoria was the tallest building in the world when constructed in 1931. It’s played host to numerous celebrities and is the reputed birthplace of such culinary dishes as eggs benedict,...
Canadian Government Announces Changes to Foreign Investment Review Regime
Mar. 26, 2015 – On March 25, 2015, the Canadian government announced that it would implement long-awaited changes to Canada’s foreign investment review regime under the Investment Canada Act (ICA). These changes will significantly alter the threshold used in most transactions to determine whether foreign...
Davies Continues as a Leader in Chambers Global 2015
Mar. 18, 2015 – Davies Ward Phillips & Vineberg LLP has again been recognized as one of Canada’s leading law firms by Chambers and Partners in its 2015 annual publication, Chambers Global: The World’s Leading Lawyers for Business . Davies has the highest percentage of lawyer rankings as well as the highest...
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 analytical framework for...
Rental Car Firms Avis, Budget Targeted for “Misleading” Pricing – The Globe and Mail
Mar. 11, 2015 – Davies partner Anita Banicevic is quoted in an article published by The Globe and Mail discussing the Competition Bureau’s action against two car rental companies in which the Bureau is seeking a $30-million penalty .
Presentation: Doing Business in Asia - Merger Control
Mar. 02, 2015 – This presentation, moderated by Mark Katz and delivered at the ABA Asian Forum, provides an overview of merger control regimes, covers recent significant developments in this area, and touches on what to look forward to in 2015. Download this presentation.
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 Corporation 1 to divest the Babkirk hazardous waste landfill site following its...
SCC Rules That Mergers Cannot Prevent Future Competition – Financial Post, National Post
Jan. 22, 2015 – Davies partner Anita Banicevic is quoted in an article that discusses a landmark Supreme Court of Canada decision regarding the Competition Bureau’s attempted challenge to a merger. Read the article about the SCC’s decision published in the Financial Post , which Anita describes as “a...
Top Competition and Foreign Investment Review Trends for 2015
Jan. 15, 2015 – Our top Canadian competition and foreign investment review trends to watch for in 2015 reflect a confluence of key themes. In particular, developments are unfolding in a regulatory environment in which the administration and enforcement of the Competition Act and Investment Canada Act are...
Jan. 01, 2015 – As described previously in “An Old Friend in New Clothes” CLI 10 June 2014, the Canadian government is determined to remedy what it (and many Canadians) regard as an unjustified gap between U.S. and Canadian prices for the same goods. In particular, the government has focused on what it...
Aug. 01, 2014 – Worldwide, regulators and courts are increasingly engaged in the complex legal and policy issues at the intersection of competition and patent regimes. Trolls, Hopping, Ambush and Hold-up: Emerging International Approaches to the Intersection of Competition and Patent Law surveys the state of...
