Davies

Anita Banicevic

Anita Banicevic is a partner in the Competition & Foreign Investment Review practice. She advises domestic and international clients on all aspects of Canadian competition and foreign investment review law, including multinational mergers, criminal and civil investigations, as well as advertising and other compliance matters.

Anita has worked with clients in a wide variety of industries, including building materials, consumer products, financial institutions, natural resources, pharmaceuticals, real estate, retail, telecommunications and transportation.

She has obtained Competition Act and Investment Canada Act clearance for numerous high-profile transactions involving domestic and international businesses. Anita has also represented clients in a number of abuse of dominance and criminal price-fixing investigations by the Competition Bureau. She has experience with contested proceedings, negotiated resolutions and, where available, immunity or leniency agreements.

Anita currently serves on the Executive Committee of the National Competition Law Section of the Canadian Bar Association, a position that will lead to her becoming chair of the section in September 2017. She is also co-chair of the Antitrust Section of the American Bar Association’s 2017 Consumer Protection Conference and a former co-chair of the Compliance and Ethics Committee of the ABA Antitrust Law Section. Anita also acts as a non-governmental adviser to the International Competition Network, an organization of international competition law authorities dedicated to improving worldwide cooperation and convergence.

Representative Work

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

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

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

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PUBLICATIONS

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Recognition

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  • Recognized in the Lexpert Guide to the Leading US/Canada Cross-border Litigation Lawyers in Canada in the area of Litigation–Competition Law and Lexpert’s Special Edition Canada's Leading Litigation Lawyers.
  • Named in the 2016 edition of GCR’s Women in Antitrust: Private Practitioners – A survey of the leading women in antitrust around the world.
  • Named in the GCR 100 Canada (guide to the world's leading competition law and economics practices).
  • Named to Global Competition Review's "40 Under 40" rankings, which seek to identify the world's most talented young competition lawyers.
  • Recognized in Chambers Global: The World's Leading Lawyers for Business in Competition/Antitrust.
  • Recognized in Chambers Canada in Competition/Antitrust and Advertising.
  • Recognized in The Canadian Legal Lexpert Directory as a Consistently Recommended lawyer in Competition Law.
  • Recognized as a top practitioner in Expert Guides' Guide to the World's Leading Competition and Antitrust Lawyers/Economists and as a top female legal practitioner in Guide to the World's Leading Women in Business Law in competition and antitrust.
  • Recognized in the Lexpert Guide to the Leading US/Canada Cross-border Corporate Lawyers in Canada as a leading practitioner in Competition Law.
  • Recognized in The Best Lawyers in Canada as a leading lawyer in Competition and Antitrust Law.
  • Recognized in Who's Who Legal Canada: Competition as a leading business law practitioner.

Professional Affiliations

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Executive member, National Competition Law Section, Canadian Bar Association

Co-chair, 2017 ABA Consumer Protection Conference, American Bar Association

Former co-chair, Compliance and Ethics Committee, Antitrust Law Section, American Bar Association

Former chair, 2013 CBA Fall Conference on Competition Law, Canadian Bar Association

Former vice-chair, Corporate Counselling Committee, Antitrust Law, American Bar Association

Former chair, Legislation and Policy Committee, Competition Law Section, Canadian Bar Association

 

Board Memberships

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Community Involvement

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Teaching Engagements

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Anita has been a guest lecturer in competition law at Queen's University Law School.

Speaking Engagements

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Anita is a regular speaker and has spoken at, among other venues, the Canadian Bar Association’s National Competition Law Conferences, the Spring Meeting of the Antitrust Section of the American Bar Association and at events organized by the British Institute for International and Comparative Law and with the Continuing Legal Education Society of British Columbia.

Articles and Publications

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Anita has published numerous papers and articles in the area of competition law, as well as articles in The Globe and Mail, the American Bar Association's International Antitrust Bulletin, the American Bar Association's Antitrust Magazine and Antitrust Source, Advocates' Quarterly, Canadian Competition Record, Competition Law Insight and Canadian International Lawyer.

Anita Banicevic
Anita Banicevic
Partner
Office:
Toronto
Tel:
416.863.5523
Email:
abanicevic@dwpv.com
Bar Admissions:

Ontario, 2000

Education:

Queen’s University, LL.B., 1998

Queen's University, B.A., 1995