Knighthead Capital Management LLC and Certares Opportunities LLC
Acting 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.
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 Americas
Acting for Plenary Americas, 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.
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.
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.
Article
Competition Policy International, Inclusive Competition issue, guest editor
Apr. 28, 2021 - Antitrust Chronicle, Spring 2021, Vol. 1
Read the issue (available to subscribers).
Guide
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...
Article
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...
Bulletin
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). ...
Bulletin
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...
Article
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.
Bulletin
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...
Bulletin
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...
Bulletin
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...
Bulletin
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...
In the News
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...
Bulletin
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,...
Speaking Engagement
American Bar Association, “Competition & COVID-19: Mergers, Foreign Investment and Competitor Collaboration During the Pandemic”; Teleconference
May 15, 2020
Bulletin
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...
Speaking Engagement
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
Bulletin
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...
Speaking Engagement
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
Article
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.
In the News
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...
In the News
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...
In the News
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...
Bulletin
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...
Bulletin
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...
Bulletin
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...
In the News
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...
In the News
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...
Guide
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...
Article
Algorithms: Challenges and Opportunities for Antitrust Compliance, co-author
Dec. 12, 2018 - Compliance and Ethics Spotlight (American Bar Association)
Download this article.
Bulletin
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” a...
Speaking Engagement
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
Speaking Engagement
Canadian Bar Association, Competition Law Fall Conference, “Closing Plenary Session: If I Were Commissioner…..”; Ottawa, ON
Sept. 28, 2018
Bulletin
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...
In the News
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...
In the News
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...
Article
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...
Bulletin
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...
Bulletin
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...
Article
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...
Bulletin
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...
Bulletin
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...
Bulletin
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...
Article
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...
Bulletin
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 likely...
Article
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...
In the News
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 important to keep in...
Article
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...
Article
Abuse of Dominance
Oct. 28, 2015 - “Abuse of dominant market position,” or “abuse of dominance” as it is more generally called, is considered one of the cornerstone provisions of the Competition Act. This chapter provides a detailed overview of the provision, including its origins, purpose, enforcement, elements, remedies,...
Article
Canada’s Updated Draft Intellectual Property Enforcement Guidelines and the Pharmaceutical Industry
Oct. 19, 2015 - Canada’s Competition Bureau released its updated draft of the Intellectual Property Enforcement Guidelines (Draft IPEGs) for public review and consultation in June 2015. The Draft IPEGs are intended to reflect the 2009 amendments to the Competition Act, including the changes to...
Bulletin
There’s an AMP for That: Competition Bureau Reaches Resolution with Bell Canada on Online Employee Reviews
Oct. 16, 2015 - On October 14, 2015, the Canadian Competition Bureau announced that it had reached a Consent Agreement with Bell Canada to resolve the Bureau’s concerns regarding reviews posted by Bell employees for two Bell applications (apps) that were available from the iTunes App Store and the Google Play...
Bulletin
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,...
Speaking Engagement
Moderator, American Bar Association, Section of Antitrust Law Corporate Counseling Committee – June Antitrust Update
July 15, 2015
Bulletin
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...
In the News
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.
In the News
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...
Bulletin
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...
