Davies

Charles Tingley

Charles Tingley is a partner in the Competition & Foreign Investment Review practice. He advises domestic and international clients on all aspects of Canadian competition and foreign investment review law, including mergers, cartel investigations, abuse of dominance, misleading advertising, multi-level marketing and other pricing, distribution and general compliance matters.

Charles has obtained Competition Act and Investment Canada Act clearance for numerous transactions involving domestic and international businesses. He also has experience representing clients in major litigation before the Competition Tribunal and the courts, as well as clients seeking recourse and redress in relation to alleged breaches of the Competition Act, including by advancing complaints to the Competition Bureau.

Charles has advised clients in a wide variety of industries, including credit card issuing and acceptance, food manufacturing, grocery retailing, distribution of energy products including retail gasoline, quick-service restaurants, wireless communications, music recording, office products, pet food, carrier and postal services, aviation manufacturing and maintenance, pharmacies and pharmaceuticals, electricity generation and distribution, building materials, timber milling, real estate brokering and newspapers.

Prior to rejoining the firm in 2012, Charles was Deputy General Counsel at the New Zealand Commerce Commission, where he managed the in-house legal team and had strategic management responsibilities for the Commission's major litigation portfolio. He was lead in-house counsel in a variety of complex competition proceedings before all levels of court in New Zealand and represented the Commission in negotiating settlements involving competition remedies and financial penalties.

Charles is actively involved in the leadership of the National Competition Law Section of the Canadian Bar Association, including as Chair of the CBA's 2016 Spring Competition Law Conference and Vice Chair of the Mergers Committee.

Prior to first joining Davies as an associate in 2001, Charles attended the University of Edinburgh in 1999/2000, where he studied competition and trade law of the European Union. He spent his articles of clerkship at the Federal Court of Appeal in Ottawa.

Representative Work

  • Acting 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.

  • 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.

  • 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.

  • 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.

  • Acted successfully for the Canadian Real Estate Association before the Competition Tribunal in a 2014 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.

  • 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.

  • Acted for Staples, Inc. with respect to Canadian regulatory matters in connection with its proposed $6.3-billion acquisition of Office Depot, 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.

  • 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.

  • Acted for Bureau Veritas SA in connection with its $650-million acquisition of Maxxam Analytics International Corporation.

  • 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.

  • Acted for BCE Inc. on the recapitalization and ownership restructuring of Bell Globemedia Inc. valued at $1.3 billion.

  • Acted for Teachers' Private Capital on its acquisition of CFM Corp. in a transaction valued at US$230 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.

  • 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.

  • 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.

View All

PUBLICATIONS

Return to profile

Recognition

Return to profile

  • Named in the GCR 100 Canada (guide to the world's leading competition law and economics practices).
  • Recognized in The Best Lawyers in Canada as a leading practitioner in Competition/Antitrust Law.
  • Recognized as a top practitioner in Expert Guides' Guide to the World's Leading Competition and Antitrust Lawyers/Economists.

Professional Affiliations

Return to profile

Vice Chair, Mergers Committee, Canadian Bar Association, National Competition Law Section

Conference Chair, 2016 Competition Law Spring Forum, Canadian Bar Association, Competition Law Section

Past Chair, Reviewable Matters, Canadian Bar Association, Competition Law Section

Member, Canadian Bar Association, National Competition Law Section

Member, American Bar Association, Section of Antitrust Law and Section of International Law

Board Memberships

Return to profile

Community Involvement

Return to profile

  • Director, Ready, Set, Play! Children’s Charity
  • Mentor, McGill University’s Faculty of Law Alumni Mentor Programme

Teaching Engagements

Return to profile

Speaking Engagements

Return to profile

On October 6, 2016, Charles chaired a panel session at the CBA Competition Law Fall Conference, “The Trouble with TREB: Lessons Learned and the Future of Abuse of Dominance in Canada”.

On July 15, 2015, Charles co-presented the American Bar Association Section of Antitrust Law Corporate Counseling Committee’s June Antitrust Update.

On May 28, 2014, Charles co-presented at the Davies Academy Continuing Professional Development (CPD) breakfast session, “Competition Law and Employees – Avoiding the Risks”.

On October 4, 2013, Charles chaired a panel session at the CBA 2013 Annual Competition Law Fall Conference, "Waking the Sleeping Giant: Competition Issues in the Pharmaceutical Industry".

On April 17, 2013, Charles co-presented at the Davies Academy Continuing Professional Development (CPD) breakfast session, "Recent Competition Law Developments and Compliance Challenges".

On November 6, 2012, Charles chaired a teleseminar entitled Cartel Enforcement in Smaller Jurisdictions: Issues and Challenges. The session was co-sponsored by the Criminal Matters Committee of the Canadian Bar Association’s Competition Law Section and the American Bar Association’s Section of International Law.

In May 2012, Charles spoke at the seminar Advertising & Marketing in an Age of Increased Enforcement and Litigation. The session was hosted by the ACC and Davies.

Articles and Publications

Return to profile

Charles has co-authored several articles on competition law for domestic and international publications, including the Canadian Competition Law Review, Advocates' Quarterly, International Antitrust Bulletin, Competition Law Insight, Legal Alert and International Law Office.

Charles Tingley
Charles Tingley
Partner
Office:
Toronto
Tel:
416.367.6963
Email:
ctingley@dwpv.com
Bar Admissions:

New Zealand, 2008

Ontario, 2002

Education:

McGill University, LL.B. and B.C.L. (with Great Distinction), 2000

McGill University, BA (First Class Honours), 1996