It is with tremendous sadness that we mourn the passing of our dear friend and colleague, Adam Fanaki. After a courageous battle with cancer, Adam died peacefully on February 15. With Adam’s passing, we grieve not only the loss of an extremely talented lawyer and partner, but of a remarkable and kind man with a passion for life and, most of all, family.
Adam was unquestionably one of Canada’s pre-eminent competition lawyers. While he was highly sought after by domestic and international clients for his skilled guidance and advocacy, we at Davies will also remember and miss Adam’s charismatic presence and indomitable personality. Always unflappable, Adam made navigating the demands of a busy and successful practice appear effortless. With his generosity of spirit and keen sense of humour, he earned the respect and admiration of all who worked with and across from him. Adam was a cherished friend and mentor to many, not only at the firm but in all corners of the antitrust community in Canada and abroad.
Adam studied law at the University of Western Ontario, graduating with distinction among the top of his class. After starting his legal career at Borden & Elliot (now Borden Ladner Gervais LLP), Adam was seconded to the Canadian Competition Bureau in 1996. This opportunity ultimately changed the course of his career as Adam went on to develop an interest in the field and a reputation as one of the best in Canada’s competition law bar. Adam re-joined the Competition Bureau in 2007 and later became the Senior Deputy Commissioner of Competition and head of the Mergers Branch. He also acted as Special Counsel to Canada’s Commissioner of Competition with primary responsibility for the design and implementation of major reforms to the Competition Act. In 2009, Adam returned to private practice, joining Davies as a partner in our Competition and Foreign Investment Group.
A funeral service will be held on Thursday, February 20 at 10:30 a.m. at Kingsway Lambton United Church, 85 The Kingsway, Toronto. Further information with online condolences can be found at Turner & Porter.
We extend our deepest condolences to Adam’s wife Janet, children Isobel and Sam, and the rest of Adam’s family and friends as we mourn the loss of a truly special person.
The Canadian Chamber of Commerce
Acted for the Canadian Chamber of Commerce, an intervener, in appeals decided by the Supreme Court of Canada on September 20, 2019, arising from class action proceedings alleging a global, criminal price-fixing cartel in respect of optical disc drives, which clarified the standard for class certification in competition class actions, and settled long-standing issues concerning the applicability of limitation periods to the cause of action under s. 36 of the Competition Act and whether "umbrella purchasers" have a cause of action.
Nexeo Solutions, Inc.
Acted for Nexeo Solutions, Inc., a leading global chemicals and plastics distributor, on competition and regulatory matters in its sale to Univar Inc. for approximately US$2 billion.
Acted for Pfizer Inc. on competition matters in the combination of its consumer healthcare business with GlaxoSmithKline, one of the world's leading research-based pharmaceutical and healthcare companies, to create a new Joint Venture with combined sales of approximately US$12.7 billion.
Acted for ESCO Corporation, the world's leading provider of ground engaging tools for surface mining and infrastructure, on competition matters in its US$1.3-billion acquisition by The Weir Group PLC.
S.A. Jarislowsky Investments Inc.
Acted for Stephen A. Jarislowsky and S.A. Jarislowsky Investments Inc., being the principal shareholders, in the $1 billion sale of Jarislowsky Fraser Limited, a leading independent investment firm with approximately $40 billion in assets under management at the time of the transaction, to Scotiabank.
Acted for McKesson Canada in its acquisition of Well.ca, an online retailer of health, wellness, baby and beauty products.
The Sherwin-Williams Company
Acted as Canadian counsel to The Sherwin-Williams Company on competition and regulatory matters in connection with its US$11.3-billion acquisition of The Valspar Corporation.
Iron Mountain Incorporated
Acted for Iron Mountain Incorporated (IRM) in connection with the divestiture of certain records and information management assets in the United States and Canada to Arkive, Inc., a portfolio company of the U.S.-based private equity firm, Summit Park Partners. The U.S. Department of Justice and Canadian Competition Bureau required these assets to be divested following IRM's US$2-billion acquisition of Recall Holdings Ltd.
Alimentation Couche-Tard Inc.
Acted for Alimentation Couche-Tard Inc. in connection with (1) its acquisition of, by way of merger, the Texas-based gas-and-convenience-store chain CST Brands, Inc., valued at approximately US$4.4 billion; and (2) Alimentation Couche-Tard Inc.'s subsequent sale of a portion of CST Brands, Inc.'s Canadian assets to Parkland Fuel Corporation for approximately US$750 million, subject to adjustments.
Alimentation Couche-Tard Inc.
Acted for Alimentation Couche-Tard Inc., 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 these sites are located in Ontario and 50 are located in Québec. The acquisition also includes land banks and dealer-operated sites, as well as a long-term supply agreement with Imperial Oil.
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...
Global Competition Review, 8th Annual Antitrust Leaders Forum, “Merger: Minority interests and institutional investors”; Miami, FL
Feb. 01, 2019
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...
American Bar Association, Business Law Section Annual Meeting, “Antitrust Challenges to No-Poaching and Non-Solicitation Agreements”; Austin, TX
Sept. 13, 2018
Top Competition and Foreign Investment Review Trends and Issues for 2018
Jan. 31, 2018 - In our annual forecast of the year ahead for Canadian competition and foreign investment review law, we evaluate how developments in 2017 will influence these areas of the law in 2018. We discuss below the top issues and trends to watch for this year. New Leadership at the Bureau and a Year of...
In the News
Davies Partner Adam Fanaki Co-Writes C.D. Howe Policy Memo on Improving Merger Reviews in Canada
Nov. 24, 2017 - Adam Fanaki and Benjamin Dachis, co-chairs of the C.D. Howe Institute’s Competition Policy Council, drafted a policy memo summarizing the Council’s recent recommendations for improving merger reviews. The Council noted that the Competition Bureau’s merger reviews are taking longer than in the past....
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...
In the News
Executive Insight: Canadian Companies Learn to Pre-empt Competition Concerns
Sept. 01, 2016 - On August 24, The Globe and Mail published an article recognizing Davies partner Adam Fanaki as a competition expert who “wrote the rules on Canadian competition law. ” The article explores Alimentation Couche-Tard Inc.’s recent US$4.4-billion acquisition of Texas-based CST Brands, Inc. ...
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...
Common Law Conspiracy and Other Economic Torts
Oct. 28, 2015 - This chapter from Fundamentals of Canadian Competition Law, 3rd edition, provides a brief overview of the economic torts most relevant to competition; namely, the tort of civil conspiracy, unlawful interference with economic relations and unlawful restraint of trade. Download this...
Chambers Global: The World’s Leading Lawyers for Business—Competition/Antitrust (Band 1); Competition/Antitrust: Litigators
Chambers Canada: Canada’s Leading Lawyers for Business—Competition/Antitrust (Band 1); Competition/Antitrust: Litigators
GCR 100 Canada: A Guide to the World’s Leading Competition Law and Economics Practices—Competition and Foreign Investment Review
Benchmark Canada: The Definitive Guide to Canada’s Leading Litigation Firms & Attorneys—General Commercial (Litigation Star); Securities (Litigation Star)
The Legal 500 Canada—Competition and Antitrust (Leading Lawyer)
The Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada—Competition Law
Report on Business/Lexpert Special Edition Canada’s Leading Litigation Lawyers
Lexpert Guide to US/Canada Cross-Border Lawyers in Canada—Regulatory
The Canadian Legal Lexpert Directory—Competition Law (Most Frequently Recommended)
The Best Lawyers in Canada—Advertising and Marketing Law; Bet-the-Company Litigation; Competition/Antitrust Law; Corporate and Commercial Litigation
Who’s Who Legal: Canada—Competition; Who’s Who Legal: Competition; Who’s Who Legal: Thought Leaders
Expert Guides—Competition and Antitrust