Charles Tingley

Partner

Charles Tingley

Charles Tingley

Partner

Clients rely on Charles for strategic thinking and creative solutions, informed by enforcement agency experience and an expert knowledge of competition law.

Charles advises on Canadian competition and foreign investment review law, including mergers, abuse of dominance, cartel investigations, misleading advertising and general compliance matters.

He has significant expertise in securing competition and foreign investment approvals for complex M&A transactions. Charles also assists clients in major competition litigation and in negotiating resolutions with the Competition Bureau.

Charles 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, including as chair of the CBA’s 2016 Spring Competition Law Conference and vice-chair of the Mergers Committee. He is a board member of the children’s charity Ready, Set, Play.

Charles Tingley

Partner

Clients rely on Charles for strategic thinking and creative solutions, informed by enforcement agency experience and an expert knowledge of competition law.

Charles advises on Canadian competition and foreign investment review law, including mergers, abuse of dominance, cartel investigations, misleading advertising and general compliance matters.

He has significant expertise in securing competition and foreign investment approvals for complex M&A transactions. Charles also assists clients in major competition litigation and in negotiating resolutions with the Competition Bureau.

Charles 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, including as chair of the CBA’s 2016 Spring Competition Law Conference and vice-chair of the Mergers Committee. He is a board member of the children’s charity Ready, Set, Play.

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.

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.

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.

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.

Canadian Real Estate Association

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.

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.

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.

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.

Bureau Veritas SA

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

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.

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

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 the business landscape in 2017. Our top issues and trends to watch this year include the following: Liberalization of the foreign investment...

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...

Guide

Investment Canada Act: Guide for Foreign Investors in Canada, 2016 Edition

June 08, 2016 - The regulatory landscape for foreign investments in Canada is constantly evolving. As a regular adviser on matters relating to the ICA, Davies has updated this informative guide for foreign investors and their advisers, which provides an overview of the ICA and how it is applied. Topics addressed...

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...

GCR 100 Canada: A Guide to the World’s Leading Competition Law and Economics Practices—Competition and Foreign Investment Review

The Best Lawyers in Canada—Competition/Antitrust Law

Who’s Who Legal and Global Competition Review’s Who’s Who Legal: Competition – Future Leaders 2017

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

Canadian Bar Association, Competition Law Section, 2016 Competition Law Spring Forum, chair
Canadian Bar Association, Competition Law Section, Mergers Committee, vice-chair
McGill University Faculty of Law, Alumni Mentor Program, mentor