BMS Group
Acted for BMS Group in its acquisition of Smith & Reid Insurance Brokers and O’Neil Insurance Brokers.
Charles Tingley
Partner
Expertise
Bar Admissions
- New Zealand, 2008
Ontario, 2002
“Very intelligent, thoughtful, incisive and practical.”
Client – Chambers Canada 2020
Charles brings a combination of expert knowledge in competition law and enforcement agency experience to his practice. He advises on Canadian competition and foreign investment review law, including mergers, abuse of dominance, cartel investigations, misleading advertising and general compliance matters.
Charles has significant expertise in securing competition and foreign investment approvals for complex M&A transactions. He also assists clients in major competition litigation and in negotiating resolutions with the Competition Bureau.
He brings a unique understanding of enforcement agency concerns to his clients’ matters. Before rejoining us in 2012, he was Deputy General Counsel of the New Zealand Commerce Commission, where he managed the Commission’s major litigation portfolio and acted as counsel in a variety of complex competition proceedings.
Charles is actively involved in the leadership of the Canadian Bar Association’s Competition Law Section, including as current chair of the Digital Media Committee and co-host of the Section’s Counterfactual Podcast; past chair of the Mergers Committee, Reviewable Matters/Unilateral Conduct Committee, and the CBA’s 2016 Spring Competition Law Conference; and past vice-chair of the Legislation and Competition Policy Committee. He is a board member of the children’s charity Ready, Set, Play.
Charles Tingley
Partner
Expertise
Bar Admissions
- New Zealand, 2008
Ontario, 2002
“Very intelligent, thoughtful, incisive and practical.”
Client – Chambers Canada 2020
Charles brings a combination of expert knowledge in competition law and enforcement agency experience to his practice. He advises on Canadian competition and foreign investment review law, including mergers, abuse of dominance, cartel investigations, misleading advertising and general compliance matters.
Charles has significant expertise in securing competition and foreign investment approvals for complex M&A transactions. He also assists clients in major competition litigation and in negotiating resolutions with the Competition Bureau.
He brings a unique understanding of enforcement agency concerns to his clients’ matters. Before rejoining us in 2012, he was Deputy General Counsel of the New Zealand Commerce Commission, where he managed the Commission’s major litigation portfolio and acted as counsel in a variety of complex competition proceedings.
Charles is actively involved in the leadership of the Canadian Bar Association’s Competition Law Section, including as current chair of the Digital Media Committee and co-host of the Section’s Counterfactual Podcast; past chair of the Mergers Committee, Reviewable Matters/Unilateral Conduct Committee, and the CBA’s 2016 Spring Competition Law Conference; and past vice-chair of the Legislation and Competition Policy Committee. He is a board member of the children’s charity Ready, Set, Play.
Burgundy Diamond Mines Limited
Acted for Burgundy Diamond Mines Limited (BDM) in its US$136-million acquisition of Arctic Canadian Diamond Company Limited, including the world-class Ekati Diamond Mine in Canada’s Northwest Territories, and Arctic Canadian Diamond Marketing N.V. Upon closing, BDM became one of the largest listed diamond companies globally.
BELLUS Health Inc.
Acted for BELLUS Health Inc. in its US$2-billion sale to GSK plc, a British-based pharmaceutical company.
Alimentation Couche-Tard Inc.
Acted for Alimentation Couche-Tard Inc. both in its acquisition of Cape D’Or Holdings Limited and Barrington Terminals Limited, which operate an independent convenience store and fuel network in Atlantic Canada under the Esso, Wilsons Gas Stops and Go! Store brands, and in connection with obtaining the Canadian Competition Bureau’s approval for the transaction. Also acted for Alimentation Couche-Tard Inc. in the divestiture of 52 retail and fuel locations to Harnois Énergies.
TotalEnergies EP Canada Ltd.
Acted for TotalEnergies EP Canada Ltd., a subsidiary of TotalEnergies SE, in connection with its acquisition of an additional 6.65% working interest in the Fort Hills oils sands project located approximately 90 km north of Fort McMurray, Alberta.
Axium Infrastructure
Acted for Axium Infrastructure Inc. in connection with the acquisition from Copenhagen Infrastructure Partners of the Travers Solar Project located in Vulcan County, Alberta. Situated on approximately 3,330 acres of land, the project has a total nameplate capacity of 465 MW, making it the largest solar project in Canada at the time of closing.
Ivanhoé Cambridge Inc.
Acted for Ivanhoe Cambridge Inc. in (i) its sale of an undivided 50% interest in the Place Laurier Québec (comprising of the shopping centre, Édifice Champlain and Tour Frontenac) located in Québec City to Douville, Moffet & Associés and (ii) the creation of a strategic partnership with Douville, Moffet & Associés to each take part in the accelerated redevelopment and the densification of such site. Place Laurier Québec has the highest municipally assessed value in Québec City.
Points.com Inc.
Acted for Points.com Inc., the global leader in powering loyalty commerce, in its sale by plan of arrangement to Plusgrade Parent L.P. in an all-cash transaction valuing Points at US$385 million.
AutoCanada Inc.
Acted for AutoCanada Inc., a multi-location North American automobile dealership group, in its acquisition of 11 dealerships from the Autopoint Group, a group that has operated for over 17 years across Southwestern Ontario with $345 million in annual revenue.
Ceská zbrojovka Defense SE
Acted as Canadian counsel for Ceská zbrojovka Group SE (CZG), a firearms manufacturer based in the Czech Republic, in its acquisition of 100% of the outstanding equity interest in Colt Holding Company LLC, the parent company of the storied U.S. firearms manufacturer Colt's Manufacturing Company LLC, as well as its Canadian subsidiary, Colt Canada Corporation.
WESCO International Inc.
Acted for WESCO International Inc. in the sale of its legacy WESCO Datacom business in Canada to Guillevin International, a Canadian distributor of industrial products. This transaction fulfilled WESCO's commitment under its consent agreement entered into with the Canadian Competition Bureau as a condition for the latter's approval to WESCO's US$4.5-billion merger with Anixter International. Davies was Canadian competition counsel to WESCO in the Anixter transaction.
WESCO International Inc.
Acted for WESCO International Inc. in the sale of its legacy WESCO Utility business in Canada to Rexel Canada, a wholly owned subsidiary of France's Rexel Group. This transaction fulfilled one of the commitments under WESCO's consent agreement entered into with the Canadian Competition Bureau as a condition for the latter's approval to WESCO's US$4.5-billion merger with Anixter International. Davies was Canadian competition counsel to WESCO in the Anixter transaction.
Axium Infrastructure Inc.
Acted for Axium Infrastructure Inc. in its acquisition from the Canada Pension Plan Investment Board of a 49% interest in an approximately 396 MW portfolio of four wind generation facilities (Summerhaven, Conestogo, Varna and Jericho) and two solar generation facilities (Sombra and Moore), all located in Ontario.
Canadian Real Estate Association
Acting for the Canadian Real Estate Association (CREA) in a proposed class action commenced in the Federal Court of Canada, challenging the commission structure of residential real estate.
S&P Global Inc.
Acted for S&P Global Inc. on Canadian regulatory matters in connection with its US$44-billion all-stock merger with IHS Markit.
WESCO International, Inc.
Acted as Canadian competition counsel to WESCO International, Inc., a Pennsylvania-based distributor of electrical, industrial, and communications products, in its US$4.5-billion acquisition of Anixter International Inc.
Ivanhoé Cambridge Inc. and Canadian Pension Plan Investment Board
Acted for Ivanhoé Cambridge and Canada Pension Plan Investment Board in the sale of Carrefour de l'Estrie, one of the largest shopping centres in Québec, to an affiliate of Groupe Mach.
TransDigm Group Incorporated
Acted for TransDigm Group Incorporated, a global aerospace components manufacturer, on competition matters related to its US$4-billion acquisition of Esterline Technologies Corporation.
Axium Infrastructure Inc. and The Manufacturers Life Insurance Company
Acted for Axium Infrastructure Inc. and The Manufacturers Life Insurance Company in their joint $1.4-billion acquisition of AltaGas Ltd.'s remaining 55% interest in three hydroelectric projects in northwest British Columbia: the 195 MW Forrest Kerr Hydroelectric Facility, the 66 MW McLymont Creek Hydroelectric Facility and the 16 MW Volcano Creek Hydroelectric Facility.
Stingray Group Inc.
Acted for Stingray Group Inc. in its $506-million acquisition of Newfoundland Capital Corporation Limited, one of Canada's leading radio broadcasters with 101 licences (82 FM and 19 AM) across Canada, and the financing of this acquisition, which included $450 million of new credit facilities and $138 million of equity, comprising a $83-million bought deal offering of subscription receipts, a $40-million private placement of subscription receipts to the Caisse de dépôt et placement du Québec, and $15 million from the exercise of pre-emption rights from the Boyko Group.
Alimentation Couche-Tard Inc.
Acted for Alimentation Couche-Tard Inc. in the sale of 13 gas stations and retail sites to Irving Oil Limited in New Brunswick, Newfoundland and Labrador, Nova Scotia and Prince Edward Island.
Axium Infrastructure Inc.
Acted for Axium Infrastructure Inc. in its $540-million acquisition of TransCanada's Ontario solar portfolio, consisting of eight facilities totalling approximately 105 MW of installed capacity.
PSP Investments
Acted for PSP Investments in its strategic initiatives with Pattern Energy Group Inc., including (i) the acquisition of a 9.9% interest in Pattern Energy; (ii) the joint venture between PSP and Pattern Energy to co-invest in various renewable projects; (iii) the joint acquisition with Pattern Energy of a 51% and 49% interest, respectively, in the 179 MW Meikle wind project in British Columbia and the 143 MW Mont Sainte-Marguerite wind project in Québec; and (iv) the acquisition of 49% of the Class B interests held by Pattern in the Panhandle 2 wind project in Texas.
Reckitt Benckiser
Acted as Canadian counsel to Reckitt Benckiser, a global consumer health and hygiene company, on competition and regulatory matters in connection with its US$17.9-billion acquisition of U.S.-listed Mead Johnson Nutrition Company, a global leader in pediatric nutrition.
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.
Novacap Industries III, L.P.
Acted for Novacap Industries III, L.P. in connection with the sale to Arlon Capital Partners of its interest in Idaho Pacific Holdings, Inc. and AgraWest Foods Ltd., manufacturers of dehydrated potato products.
La Coop fédérée
Acted for La Coop fédérée in connection with the combination of its Sonic division with Groupe Filgo for the purpose of merging their energy products distribution activities and their service stations operations.
Staples, Inc.
Acted for Staples, Inc. with respect to Canadian regulatory matters in connection with its proposed $6.3-billion acquisition of Office Depot, Inc.
United Technologies Corporation (UTC)
Acted as Canadian counsel to United Technologies Corporation (UTC) on competition and regulatory matters in connection with the US$9-billion sale of Sikorsky Aircraft Corporation to Lockheed Martin Corporation.
H.J. Heinz Company
Acted for H.J. Heinz Company with respect to Canadian regulatory matters in connection with its acquisition of Kraft Foods Group, Inc., to create one of the world's largest food and beverage companies with combined sales of approximately US$28 billion.
Canadian Real Estate Association
Acted successfully for the Canadian Real Estate Association before the Competition Tribunal in a motion against the Commissioner of Competition to resolve a dispute with respect to the interpretation of a consent agreement and CREA's implementation of policies regarding the display of seller contact information and references to private sales.
Burger King Worldwide, Inc.
Acted for Burger King Worldwide, Inc. in connection with its acquisition of Tim Hortons Inc. for approximately US$12.5 billion, the related financing, which involved a US$3-billion preferred equity investment from Berkshire Hathaway Inc., a secured US$7.25-billion credit facility and a private placement of US$2.25 billion of second lien secured notes, and an associated tender offer for Tim Hortons' outstanding US$1.2 billion of debt securities. This transaction resulted in the creation of Restaurant Brands International, a new global company headquartered in Canada, and the third-largest quick service restaurant in the world with approximately US$23 billion in system sales and over 18,000 restaurants in 100 countries. The transaction was recognized as Global M&A Deal of the Year: Canada by The American Lawyer's 2015 Global Legal Awards.
Mars, Incorporated
Acted as Canadian counsel to Mars, Incorporated on competition and regulatory matters in connection with its US$2.9-billion acquisition of the Procter & Gamble Company's pet food business in North America and other major markets.
Paladin Labs Inc.
Acted for Paladin Labs Inc. in connection with its acquisition by Endo Health Solutions Inc. in a stock and cash transaction valued at approximately $3 billion.
Bureau Veritas SA
Acted for Bureau Veritas SA in connection with its $650-million acquisition of Maxxam Analytics International Corporation.
Richard D. Kinder, GS Capital Partners V Fund, LP, AIG Global Asset Management Holdings Corp., et al.
Acted as Canadian counsel to GS Capital Partners V Fund, LP, AIG Knight LLC, Carlyle Partners IV, LP and Carlyle/Riverstone Global Energy and Power Fund III, LP in connection with the US$26.5 billion management buyout of Kinder Morgan Inc.
BCE Inc.
Acted for BCE Inc. on the recapitalization and ownership restructuring of Bell Globemedia Inc. valued at $1.3 billion.
Teachers' Private Capital
Acted for Teachers' Private Capital on its acquisition of CFM Corp. in a transaction valued at US$230 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.
ROW Entertainment Income Fund and Standard Broadcasting Corporation Ltd.
Acted for both ROW Entertainment Income Fund (ROW) and Standard Broadcasting Corporation Ltd. as ROW acquired all of the home entertainment distribution assets of Video One Canada Ltd. from Standard Broadcasting Corporation Ltd. to create one of Canada's leading distributors of home entertainment products, including CDs, DVDs and multi-platform video games.
Osprey Media Group
Acted for Osprey Media Group in regard to its acquisition of Torstar Corporation's weekly community newspapers in Ontario and their associated publications and the sale by Osprey of certain publishing and printing operations to Torstar.
Bulletin
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...
Bulletin
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...
In the News
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...
Speaking Engagement
Host, Counterfactual Podcast, Canadian Bar Association, Competition Law and Foreign Investment Review, “Taking the Pulse of Artificial Intelligence”
Dec. 15, 2022 - Listen to Podcast.
Bulletin
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...
Bulletin
Government Report Indicates Robust Foreign Investment Review in Canada
Dec. 01, 2022 - The Canadian government recently released the 2021-2022 Annual Report covering non-cultural1 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,...
Article
Significant changes to Canadian competition law, co-author
Dec. 01, 2022 - Financier Worldwide Magazine
Read the article.
Bulletin
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...
Bulletin
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...
Speaking Engagement
Moderator, Canadian Bar Association, Competition Law Fall Conference, “The New World of Abuse of Dominance”; Ottawa, ON; Oct. 20 & 21
Oct. 20, 2022
Speaking Engagement
Host, Counterfactual Podcast, Canadian Bar Association, Competition Law and Foreign Investment Review, “In Conversation with the Bureau’s Chief Economist”
Sept. 09, 2022 - Listen to Podcast.
Speaking Engagement
Host, Counterfactual Podcast, Canadian Bar Association, Competition Law and Foreign Investment Review, “Counterfactual Kick-Off with Former Commissioners”
June 28, 2022 - Listen to Podcast.
Bulletin
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...
Speaking Engagement
Canadian Bar Association, “Consent Agreements 101”; Webcast
Apr. 21, 2022
Bulletin
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. ...
Bulletin
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...
Bulletin
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...
Guide
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...
Bulletin
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...
Bulletin
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...
In the News
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 the...
Bulletin
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...
Article
Small Mergers Are Big Deals for Canada’s Competition Bureau
Mar. 06, 2020 - The Threshold, No. 1, Vol. 20 (ABA Section of Antitrust Law)
Download this article.
Speaking Engagement
Moderator, Canadian Bar Association, “Creeps, Killers and Zombies: Antitrust Review of Small Mergers in the Digital Economy”; Toronto, ON
Jan. 31, 2020
Bulletin
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...
Bulletin
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...
Article
Recent Developments in Abuse of Dominance Law in Canada: When is Anti-Competitive Conduct Justified?, co-author
Dec. 06, 2019 - Kluwer Competition Law Blog (Wolters Kluwer)
Bulletin
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...
Article
A Revival or an Aberration? Prohibition Orders Without a Conviction for Cartel Offences Under the Competition Act, co-author
Dec. 02, 2019 - The Marker (Canadian Bar Association)
Read this article.
Bulletin
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...
Guide
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...
Bulletin
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...
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...
Speaking Engagement
Canadian Bar Association, Competition Law Section, Legislation and Competition Policy Committee, “From Bid Analytics to Bounties: Non-Leniency Techniques for Detecting Bid-Rigging and Cartel Conduct”; Toronto, ON
Jan. 07, 2019
Speaking Engagement
Host, Moderator and Speaker, Canadian Bar Association, Competition Law Section, Mergers Committee Roundtable with Competition Bureau Officials, “Mergers Task Force Report”; Toronto, ON
May 31, 2018
Speaking Engagement
Canadian Bar Association, Competition Law Section, International Committee, “How a Domestic or International Secondment Can Change your Career”; Toronto, ON
Apr. 26, 2018
Bulletin
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...
Bulletin
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...
Guide
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...
Bulletin
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...
Bulletin
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...
Bulletin
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...
Speaking Engagement
Chair, Canada Bar Association, Competition Law Fall Conference, “The Trouble with TREB: Lessons Learned and the Future of Abuse of Dominance in Canada” Panel Session
Oct. 06, 2016
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
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...
Bulletin
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...
Bulletin
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...
Speaking Engagement
American Bar Association, Section of Antitrust Law Corporate Counseling Committee – June Antitrust Update
July 15, 2015
Article
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...
Bulletin
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...
Bulletin
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 Corporation1 to divest the Babkirk hazardous waste landfill site following...
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...
Speaking Engagement
Chair, Canadian Bar Association, 2013 Annual Competition Law Fall Conference, “Waking the Sleeping Giant: Competition Issues in the Pharmaceutical Industry” Panel Session
Oct. 04, 2013
Speaking Engagement
Chair, Criminal Matters Committee, Canadian Bar Association’s Competition Law Section and American Bar Association’s Section of International Law, teleseminar, Cartel Enforcement in Smaller Jurisdictions: Issues and Challenges
Nov. 06, 2012
Chambers Global: The World’s Leading Lawyers for Business—Competition/Antitrust
Chambers Canada: Canada’s Leading Lawyers for Business—Competition/Antitrust
GCR 100 Canada: A Guide to the World’s Leading Competition Law and Economics Practices—Competition and Foreign Investment Review
The Canadian Legal Lexpert Directory—Competition Law
The Best Lawyers in Canada—Advertising and Marketing Law; Competition/Antitrust Law
Who’s Who Legal: Competition; Who’s Who Legal: Canada—Competition
Expert Guides—Competition and Antitrust
Bar Admissions
New Zealand, 2008
Ontario, 2002
Education
McGill University, BCL/LLB (with Great Distinction), 2000
McGill University, BA (First Class Honours), 1996
Professional Affiliations
American Bar Association, Section of Antitrust Law
Canadian Bar Association
Board Memberships
Ready, Set, Play Children’s Charity
Community Involvement
American Bar Association, Section of Antitrust Law, Unilateral Conduct Committee, vice-chair
Canadian Bar Association, Competition Law Fall Conference, “The New World of Abuse of Dominance”, Moderator
Canadian Bar Association, Competition Law and Foreign Investment Review Section, Digital Media Committee, chair
Canadian Bar Association, Competition Law Section, Legislation and Competition Policy Committee, former vice-chair
Canadian Bar Association, Competition Law Section, 2016 Competition Law Spring Forum, former chair
Canadian Bar Association, Competition Law Section, Reviewable Matters/Unilateral Conduct Committee, former chair
Canadian Bar Association, Competition Law Section, Mergers Committee, former chair
McGill University Faculty of Law, Alumni Mentor Program, mentor
