Hellman & Friedman

Acting as Canadian counsel to Hellman & Friedman-backed AutoScout24, a European online automotive marketplace, in its acquisition of TRADER Corporation, a Canadian online marketplace also offering dealership and OEM software and lender services for the automotive sector, from Thoma Bravo.

Ali Holding S.r.l.

Acted as Canadian regulatory counsel to Ali Holding S.r.l. in its US$3.5-billion merger with Welbilt, Inc.

Knighthead Capital Management LLC and Certares Opportunities LLC

Acted as Canadian regulatory counsel to Knighthead Capital Management LLC and Certares Opportunities LLC in their successful US$6-billion bid with Apollo Capital Management, LP to acquire Hertz Corp.

SESAC

Acted as Canadian counsel to SESAC, a portfolio company of Blackstone, in its US$385-million acquisition of Entertainment One Music (eOne) from Hasbro, Inc.

Northleaf Capital Partners

Acted for Northleaf Capital Partners in its strategic sale of a non-controlling interest to Mackenzie Financial Corporation, a subsidiary of IGM Financial Inc., and Great-West Lifeco Inc.

Plenary Group

Acted for Plenary Group, a leading investor, developer and operator of public infrastructure in North America, in its sale to Caisse de dépôt et placement du Québec.

The Blackstone Group Inc.

Acted for real estate funds managed by The Blackstone Group Inc. and their affiliates in Blackstone's $6.2-billion all-cash acquisition of Dream Global Real Estate Investment Trust and the separation of its external asset manager, Dream Asset Management.

Blackstone Property Partners

Acted for an affiliate of Blackstone Property Partners in its joint venture with Hudson Pacific Properties, Inc., to acquire the 1.45 million-square-foot Bentall Centre office and retail complex in Vancouver.

Enercare Inc.

Acted for Enercare Inc., one of North America's largest home and commercial services and energy solutions companies, in its $4.3-billion sale to Brookfield Infrastructure and its institutional partners by way of plan of arrangement.

Rogers Sugar Inc.

Acted for Rogers Sugar Inc. in connection with the acquisition of L.B. Maple Treat Corporation, one of the world's largest branded and private label maple syrup bottling and distribution companies, for $160.3 million.

DAK Americas LLC

Acted for DAK Americas LLC, a producer of PET (polyethylene terephthalate) resins, in connection with its acquisition of a controlling interest in Selenis Canada from IMG Group. Selenis Canada operates a PET plant in Montréal.

Stericyle Inc.

Acted as Canadian counsel for Stericycle, Inc. in its acquisition of Shred-it International, a global secure information destruction services provider, for US$2.3 billion in cash.

Bentall Kennedy (Canada) Limited Partner

Acted for the Bentall Kennedy Group, a premier real estate investment management firm operating in Canada and the United States, in its acquisition by Sun Life Financial Inc. for a purchase price of $560 million.

Rogers Communications Inc.

Acted for Rogers Communications Inc. in connection with its successful defence in closely watched misleading advertising proceedings in the Ontario Superior Court brought by the Commissioner of Competition. The case concerned comparative performance-based advertising used by Rogers in connection with its launch in 2010 of Rogers' Chatr brand. This case gave rise to a lengthy trial fought over many weeks, and involved complex expert evidence concerning the testing and operation of wireless networks as well as constitutional challenges to the misleading advertising provisions of the Competition Act.

Dollar Thrifty Automotive Group, Inc.

Acted for Dollar Thrifty Automotive Group, Inc. on Canadian regulatory matters in connection with the $2.6 billion acquisition of Dollar Thrifty by Hertz Global Holdings, Inc. to form one of North America's largest car rental agencies. Davies also acted for Dollar Thrifty on regulatory matters arising from a rival bid for Dollar Thrifty by the Avis Budget Group Inc.

Maple Group Acquisition Corporation

Acted for Maple Group Acquisition Corporation (renamed TMX Group Limited), an entity whose shareholders consisted of five of Canada's largest pension funds, four Canadian bank-owned investment dealers, a leading independent broker dealer, Canada's largest financial co-operative group and a leading Canadian-based financial services group, in connection with its $3.8-billion acquisition of each of TMX Group Inc., The Canadian Depository for Securities Limited, Alpha Trading Systems Inc. and Alpha Trading Systems Limited Partnership, resulting in the creation of a new integrated clearing and exchange group. This deal was awarded Deal of the Year in 2012 by Lexpert magazine.

Schlumberger Limited

Acted for Schlumberger Limited in connection with its $240-million acquisition of CE Franklin Ltd. by National Oilwell Varco by way of plan of arrangement. Schlumberger was the 56% controlling shareholder of CE Franklin, a supplier to the Canadian energy industry.

Dollar Thrifty Automotive Group, Inc.

Acted for Dollar Thrifty Automotive Group, Inc. on Canadian Competition Act matters in connection with the acquisition of Dollar Thrifty Automotive Group, Inc. by Avis Budget Group Inc. in a transaction valued at approximately $1.3 billion.

Eurocopter Holding SAS

Acted for Eurocopter Holding SAS, a subsidiary of European Aeronautic Defence and Space Company EADS N.V., in connection with its acquisition of Vector Aerospace Corporation in a transaction valued at $635 million by way of a takeover bid.

Ivanhoé Cambridge Inc.

Acted for Ivanhoé Cambridge Inc. in the sale of its five Canadian shopping centres to Primaris Retail REIT for an aggregate price of approximately $572 million.

Audley Capital

Acted for Audley Capital, the principal shareholder of Western Coal Corp., in the acquisition of Western Coal by Walter Energy Inc. Walter Energy acquired Western Coal through the initial purchase of part of Audley Capital's block and subsequent acquisition of the remaining outstanding common shares by way of plan of arrangement, with a total value of $3.3 billion.

Ventana Gold Corp.

Acted for Ventana Gold Corp. in connection with the unsolicited $1.5-billion takeover bid by an affiliate of Eike Batista for all of the outstanding Ventana shares, which ultimately resulted in a supported transaction at a higher price.

The Cadillac Fairview Corporation

Acted for The Cadillac Fairview Corporation in the sale of Erin Mills Town Centre, Erin Mills Town Plaza and surrounding development lands to Ontario Pension Board for $370 million.

Wal-Mart Canada Realty Inc. and SmartCentres Realty Inc.

Acted for Wal-Mart Canada Realty Inc. and SmartCentres Realty Inc. in connection with the sale of a shopping centre in Ontario and a shopping centre in Québec to RioCan Real Estate Investment Trust for approximately $100.7 million.

Amcor Limited

Acted for Amcor Limited in its acquisition of Alcan Packaging operations from Rio Tinto plc in 31 countries for approximately US$2 billion. The acquisition enhances Amcor's position as one of the world's leading packaging companies.

Mill Road Capital, L.P.

Acted for U.S.-based private equity firm Mill Road Capital, L.P. in its successful "white knight" bid for Cossette Inc. for approximately $134 million.

Barzel Industries Canada Inc.

Acted for Barzel Industries Canada Inc. (formerly Novamerican Steel) in its cross-border restructuring proceedings involving independent proceedings under the Companies' Creditors Arrangement Act run in parallel concert with U.S. Chapter 11 proceedings for the U.S. parent company and U.S. subsidiaries and implementing a cross-border "stalking horse" sale agreement, cross-border bidding and auction process and closing of such sale within 65 days of the initial filing.

IPC US Real Estate Investment Trust

Acted for IPC US Real Estate Investment Trust in its strategic process and ultimate sale of its assets to Everclear Acquisition Corporation, a wholly owned subsidiary of Behringer Harvard REIT I, in a US$1.4-billion all-cash transaction.

Barzel Industries Inc.

Acted for Barzel Industries Inc. (formerly Symmetry Holdings Inc.) in its acquisition of Novamerican Steel Inc. for a purchase price of US$585 million.

Cadim Inc.

Acted for Cadim Inc. (a division of Caisse de dépôt et placement du Québec) in connection with its partnership arrangements with Westmont Hospitality Group and Cadbridge Investors LP, and acted for Cadbridge and InnVest REIT in connection with their joint negotiated takeover bid for Legacy Hotels REIT in a transaction valued at approximately $2.5 billion.

EdgeStone Capital Equity Fund III, LP

Acted for private equity fund EdgeStone Capital Equity Fund III, LP in its $70-million negotiated takeover bid for Stephenson's Rental Services Income Fund.

Fortis Inc.

Acted for Fortis Inc. in its acquisition of Terasen Inc., the Canadian natural gas distribution business of Kinder Morgan, Inc., in a transaction valued at $3.7 billion, creating the largest investor-owned utility in Canada. Awarded 2007 Deal Team of the Year at the inaugural Canadian Dealmakers Gala.

Fortress Investment Group LLC

Acted as Canadian counsel for private equity funds managed by affiliates of Fortress Investment Group LLC in their acquisition of substantially all of the North American operations and facilities of Holiday Retirement Corp., involving 299 seniors' living communities totalling over 35,000 living units, including 34 communities across Canada.

Fortress Investment Group LLC

Acted as Canadian counsel for private equity funds managed by affiliates of Fortress Investment Group LLC in their acquisition of RailAmerica Inc. in an all-cash transaction valued at US$1.1 billion.

INEOS

Acted for INEOS on Canadian regulatory matters in connection with the formation of a joint venture to combine the INEOS Silica business and PQ Corporation, both manufacturers of industrial silicates and silicas, in a transaction valued at US$1 billion.

Ivanhoé Cambridge Inc.

Acted for Ivanhoé Cambridge Inc. in its acquisition of the interests of The Mills Corporation in three shopping centres located in Vaughan, Ontario, Glasgow, Scotland and Madrid, Spain for US$988 million.

Unisource Canada, Inc.

Acted for Unisource Canada, Inc. in its defence of multiple class actions across Canada alleging a price-fixing conspiracy in respect of carbonless paper.

PetroKazakhstan Inc.

Acted for PetroKazakhstan Inc., a Canadian-listed energy company, in its US$4.18-billion acquisition by China National Petroleum Corporation by way of negotiated takeover bid.

Canada Pipe Company Ltd.

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

Navigating the New Norm: Further Changes to Canada’s Competition Act in Effect

June 21, 2024 - Parliament recently passed Bill C-59 (the Fall Economic Statement Implementation Act, 2023), which includes important changes to Canada’s Competition Act, many of which are now in force. These amendments follow the already extensive changes to the Competition Act made in...

CBA Competition Law Fall Conference, “Are we there yet? Assessing the Efficacy of our New Toolbox,”; Ottawa, ON

Oct. 26, 2023

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

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

Canadian Government Announces “First Set” of Competition Act Reforms

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

Employers Beware: Amendments to the Canadian Competition Act’s Criminal Conspiracy Provisions Take Effect

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);...

Significant changes to Canadian competition law, co-author

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

New amendments to the Competition Act: What they mean for HR, co-author

June 30, 2022 - Human Resources Director Canada (Key Media)
Read the article.

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...

Interview, Global Competition Review, “Canadian bar urges government to suspend competition law changes”

June 06, 2022 - Read the full article (for subscribers).

American Bar Association, Antitrust Law Spring Meeting, “Canadian Competition Law – What’s Different Up North?”; Washington, DC

Apr. 06, 2022

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...

Moderator, Competition Policy International, “Frameworks of Inclusive Competition (Institutional, leadership)”; Webcast

July 19, 2021 - View the recording.

Competition Policy International, Inclusive Competition issue, guest editor

Apr. 28, 2021 - Antitrust Chronicle, Spring 2021, Vol. 1
Read the issue (available to subscribers).

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...

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...

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). ...

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...

Canadian Competition Bureau Issues Guidance on “No-Poach” and other “Buy-Side” Employment Agreements Between Competitors, co-author

Dec. 04, 2020 - Kluwer Competition Law Blog (Wolters Kluwer)
Download the article.

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...

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...

COVID-19 in Canada: Competitor Collaborations, Pricing, Mergers, and Foreign Investment During (and After) the Pandemic

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...

National Security Review Timelines for Foreign Investments in Canada Temporarily Extended Due to COVID-19

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...

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...

Canadian Government’s Proposed Extension of Time Limits Has Implications for ICA’s National Security Review Process

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,...

Anita Banicevic Comments in The Globe and Mail on Facebook’s $9-Million Settlement with Competition Bureau

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...

American Bar Association, “Competition & COVID-19: Mergers, Foreign Investment and Competitor Collaboration During the Pandemic”; Teleconference

May 15, 2020

Canadian Federal Government Announces Enhanced Scrutiny of Certain Foreign Investments During COVID-19

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...

American Bar Association, Women in Antitrust Spotlight Series, “How to Thrive, Build Community and Develop a Personal Brand in the Antitrust World”

Jan. 16, 2020

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

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

Canadian Bar Association, Competition Law Fall Conference, “Vertical , Conglomerate, National Champion and Killer Acquisitions: Has Merger Review Abandoned the Chicago School?”; Ottawa, ON

Oct. 17, 2019

Recent Developments in Canada: Will the Competition Bureau Intrude on Privacy?, co-author

Sept. 24, 2019 - Kluwer Competition Law Blog (Wolters Kluwer)
Read the article.

Anita Banicevic Discusses Competition Bureau’s Call-out for Anticompetitive Conduct with Financial Post

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...

Mark Katz and Anita Banicevic Speak to Global Competition Review About the Call for Reporting in the Digital Sector

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...

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...

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, the...

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 that...

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...

Algorithms: Challenges and Opportunities for Antitrust Compliance, co-author

Dec. 12, 2018 - Compliance and Ethics Spotlight (American Bar Association)
Download this article.

Whose Liability Is It Anyway? CRTC Issues New Guidance Regarding Liability for Aiding or Inducing CASL Non-Compliance

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”...

Advertising & Marketing Law: Social, Digital, Online Compliance - Legal Issues For 2018 And Beyond, “Enforcement and Regulatory Trends: What’s New?”; Toronto, ON

Oct. 04, 2018

Canadian Bar Association, Competition Law Fall Conference, “Closing Plenary Session: If I Were Commissioner…..”; Ottawa, ON

Sept. 28, 2018

The Digital Economy, Disclosures and “Debunking” Efficiencies Claims: Canada’s Competition Bureau Plans for the Year Ahead

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...

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...

Anita Banicevic Speaks About Competition Bureau’s Lawsuit Against Ticketmaster over Alleged Deceptive Pricing Practices

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...

What’s So Big About Big Data: Canada’s Competition Bureau Issues Draft Discussion Paper for Consultation

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...

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...

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...

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...

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...

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

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

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...

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...

A Tale of Two Merger Reviews: Merger of Two Canadian Companies Cleared by Competition Bureau but Challenged by U.S. Federal Trade Commission

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...

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...

National Media Turn to Davies’ Anita Banicevic for Insight into the Competition Bureau’s Volkswagen and Audi Investigation

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...

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...

Responding to Compulsory Production Orders from the Competition Bureau: Federal Court of Canada Provides Practical Guidance

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,...

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

July 15, 2015

First Penalty Issued Under Canada’s New Anti-Spam Law

Mar. 11, 2015 - On March 5, 2015, the Canadian Radio-television and Telecommunications Commission (CRTC) issued its first Notice of Violation under Canada’s anti-spam legislation (known as CASL), which came into force on July 1, 2014. Despite its name, CASL is not limited to what one might normally consider spam...

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.

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...