Elisa K. Kearney

Partner

Elisa Kearney

Elisa K. Kearney

Partner

A dynamic lawyer who immerses herself in the facts driving her cases, Elisa is known to be “top-notch,” “sharp and hard-working,” and “willing to get down to details.” (Chambers Global 2016)

Elisa advises in all areas of competition law, including mergers, cartel investigations, reviewable conduct, misleading advertising and litigation. She also counsels clients on Canadian ownership and control requirements. Elisa regularly appears before the Competition Bureau and has acted as external counsel to the Commissioner of Competition and the Canadian Radio-television and Telecommunications Commission. She has earned the trust of leading technology companies, telecommunications carriers, broadcasters, retailers, airlines and consumer product manufacturers in Canada and internationally.

A 2015 Lexpert Rising Star (a leading lawyer under 40), Elisa was the only Canadian lawyer recognized in the Global Competition Review’s 2016 “40 under 40” list.

Elisa K. Kearney

Partner

A dynamic lawyer who immerses herself in the facts driving her cases, Elisa is known to be “top-notch,” “sharp and hard-working,” and “willing to get down to details.” (Chambers Global 2016)

Elisa advises in all areas of competition law, including mergers, cartel investigations, reviewable conduct, misleading advertising and litigation. She also counsels clients on Canadian ownership and control requirements. Elisa regularly appears before the Competition Bureau and has acted as external counsel to the Commissioner of Competition and the Canadian Radio-television and Telecommunications Commission. She has earned the trust of leading technology companies, telecommunications carriers, broadcasters, retailers, airlines and consumer product manufacturers in Canada and internationally.

A 2015 Lexpert Rising Star (a leading lawyer under 40), Elisa was the only Canadian lawyer recognized in the Global Competition Review’s 2016 “40 under 40” list.

Alimentation Couche-Tard Inc.

Acted for Alimentation Couche-Tard Inc., the leader in the Canadian convenience store industry, in connection with its $1.68-billion acquisition of 279 Esso-branded fuel and convenience sites; 229 of these sites are located in Ontario and 50 are located in Québec. The acquisition also includes land banks and dealer-operated sites, as well as a long-term supply agreement with Imperial Oil.

Google Inc.

Acts as Canadian counsel to Google Inc. on competition and other regulatory matters.

Kinepolis Group NV

Acting for Kinepolis Group NV in its $123-million acquisition of Landmark Cinemas Canada LP, Canada's second-largest movie theatre exhibition company.

KIK Custom Products Inc.

Acted for KIK Custom Products Inc. in its acquisition of Lavo Inc., a leading manufacturer and marketer of laundry detergent, household cleaners, fabric softeners and bleach in Canada.

Monsanto Company

Acting for Monsanto Company on competition and regulatory matters in relation to its proposed US$66-billion acquisition by Bayer AG.

Iron Mountain Incorporated

Acted for Iron Mountain Incorporated (IRM) in connection with the divestiture of certain records and information management assets in the United States and Canada to Arkive, Inc., a portfolio company of the U.S.-based private equity firm, Summit Park Partners. The U.S. Department of Justice and Canadian Competition Bureau required these assets to be divested following IRM's US$2-billion acquisition of Recall Holdings Ltd.

Apollo Global Management LLC

Acted as Canadian counsel to Apollo Global Management LLC on competition and regulatory matters in connection with Apollo's US$7-billion acquisition of electronic security company ADT Corp.

GE Capital

Acted for GE Capital on Canadian regulatory matters in connection with the sale of various portfolios of assets, including its sale of Antares Capital to Canadian Pension Plan Investment Board for $12 billion; sale of its transportation finance business in the U.S. and Canada to Bank of Montréal; and sale of most of its railcar leasing business to Wells Fargo & Co. and the sale of its tank car fleet assets and railcar repair facilities to Berkshire's Marmon Holdings Inc.; and sale of its commercial lending and leasing business to Wells Fargo & Co for US$32 billion.

WIND Mobile Corp. and its shareholders

Acted for WIND Mobile Corp. (WIND) and its shareholders, including West Face Capital, in connection with the sale of WIND to Shaw Communications Inc. for approximately $1.6 billion.

Precision Castparts Corp.

Acted for Precision Castparts Corp. on Canadian competition and foreign investment review aspects of its proposed acquisition of Noranco for US$560 million.

West Face Capital Inc.

Acted for West Face Capital Inc. in its acquisition, together with a consortium of investors including Globalive Capital, Tennenbaum Capital Partners and LG Capital Investors, of the interests of VimpelCom Ltd. in Globalive Wireless Management Corp. (doing business as WIND Mobile).

Just Energy Group, Inc.

Acted for Just Energy Group, Inc. with respect to competition matters in its sale of National Energy Corporation, its water heater and HVAC home services business, to Reliance Comfort Limited Partnership for $505 million.

Corus Entertainment Inc.

Acted for Corus Entertainment Inc. with respect to the regulatory aspects of its acquisition from Bell Media of interests in certain TV (Teletoon, Historia & Séries+) and radio assets in Ottawa currently held by Astral Media, Inc. The combined acquisition price for these assets is $494 million.

US Airways Group, Inc.

Acted for US Airways Group, Inc. in connection with the competition law aspects of its merger with AMR Merger Sub, Inc., a wholly-owned subsidiary of American Airlines, Inc. The combined equity value is approximately US$11 billion.

Square, Inc.

Acted for Square, Inc. in connection with the expansion into Canada of its electronic payment service that allows users to accept credit card payments through their mobile devices.

Consorcio Comex, S.A. de C.V.

Acted as Canadian counsel for Consorcio Comex, S.A. de C.V. with respect to regulatory matters in connection with the acquisition of Consorcio Comex, S.A. de C.V. by The Sherwin Williams Company for approximately US$2.34 billion.

Commissioner of Competition

Acted for the Commissioner of Competition, the Head of the Canadian Competition Bureau, in the first challenge ever brought under the civil price maintenance provisions of the Competition Act alleging that the merchant rules of Visa and MasterCard are unlawful. This is one of the most significant proceedings to be brought before the Competition Tribunal in recent years, and resulted in a lengthy trial before the Tribunal.

Westerkirk Capital Inc.

Acted for Westerkirk Capital Inc. in its acquisition of Vista Broadcast Group Inc., the parent company of Vista Radio Ltd. which holds 38 broadcast licences serving 50 communities throughout British Columbia, Alberta and the Northwest Territories.

Canadian Radio-television and Telecommunications Commission

Acted as external counsel to the Canadian Radio-television and Telecommunications Commission with respect to its ownership and control review of Globalive Wireless Communications Inc. ("Wind Mobile").

Amcor Limited

Acted for Amcor Limited in the sale of its White Cap business in Europe, Asia, Brazil and the US to Silgan Holdings Inc. for a base price of $230 million.

Speaking Engagement

The Canadian Institute, Advertising & Marketing Law conference, “Inter-Jurisdictional Issues”; Toronto, ON

Jan. 24, 2017

Speaking Engagement

CD Howe Institute, What Does the Consumer See? – Content in a Globally Integrated Sector Panel, “The Future of Canadian Telecommunications and Broadcasting”; Ottawa, ON

Nov. 30, 2015

Speaking Engagement

Co-chair, American Bar Association, Section of International Law’s Fall Meeting, “Heightened Activism in Antitrust Merger Review”; Montréal, QC

Oct. 22, 2015

Speaking Engagement

Canadian Bar Association, Competition Fall Conference, “The New Frontier: Cutting-Edge Issues in Advertising and Marketing”; Ottawa, ON

Oct. 02, 2015

Speaking Engagement

Co-chair, American Bar Association, Section of International Law’s Asia Regional Forum; Tokyo, Japan; Mar. 02 & 03, 2015

Mar. 02, 2015

Bulletin

Presentation: Canadian Competition Law Highlights

Feb. 27, 2015 - Davies partners Mark Katz and Elisa Kearney delivered a presentation on Canadian competition law highlights to the Antitrust Lawyers Study Group, Tokyo, Japan. Download this presentation.

Speaking Engagement

Chair, Canadian Bar Association, National Competition Law Section’s Conference, “Investment Canada Act: A Five Year Retrospective ‒ Experience From the Front Lines”

June 10, 2014

Speaking Engagement

Co-chair, American Bar Association and the International Association of Young Lawyers, Section of International Law and the International Association of Young Lawyers Joint Conference, “Enforcers’ Growing Interest in Transactions That Fall Below Notification Thresholds and Strategies to Apply in Countries with Voluntary Pre-merger Notification Regimes”; Chicago, IL; June 06 & 07, 2014

June 06, 2014

Bulletin

Are You Prepared for a Search?

Jan. 31, 2014 - 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...

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 & Foreign Investment Review

Global Competition Review’s “40 Under 40” (2016)

Lexpert Rising Stars: Leading Lawyers Under 40

The Best Lawyers in Canada—Competition/Antitrust Law

Who’s Who Legal: Canada—Competition; Who’s Who Legal: Competition—Lawyers

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

Expert Guides’ Rising Stars

Bar Admissions

Solicitor, England & Wales, 2013
New York, 2010
Ontario, 2004

Education

New York University, LLM, 2009
Osgoode Hall Law School, LLB, 2003
McGill University, BA (Hons) (History & Political Science), 2000

Professional Affiliations

American Bar Association
Canadian Bar Association

Teaching Engagements

Elisa is an adjunct professor at the University of Toronto Faculty of Law, teaching The Legal Challenges of Digital Environments as part of the new Global Professional Master of Laws program in Innovation, Law and Technology. She is also a guest lecturer in advanced corporate law at Queen’s University Faculty of Law and a guest lecturer in advanced corporate transactions at University of Toronto Faculty of Law.

A dynamic lawyer who immerses herself in the facts driving her cases, Elisa is known to be “top-notch,” “sharp and hard-working,” and “willing to get down to details.” (Chambers Global 2016)

Elisa advises in all areas of competition law, including mergers, cartel investigations, reviewable conduct, misleading advertising and litigation. She also counsels clients on Canadian ownership and control requirements. Elisa regularly appears before the Competition Bureau and has acted as external counsel to the Commissioner of Competition and the Canadian Radio-television and Telecommunications Commission. She has earned the trust of leading technology companies, telecommunications carriers, broadcasters, retailers, airlines and consumer product manufacturers in Canada and internationally.

A 2015 Lexpert Rising Star (a leading lawyer under 40), Elisa was the only Canadian lawyer recognized in the Global Competition Review’s 2016 “40 under 40” list.

Alimentation Couche-Tard Inc.

Acted for Alimentation Couche-Tard Inc., the leader in the Canadian convenience store industry, in connection with its $1.68-billion acquisition of 279 Esso-branded fuel and convenience sites; 229 of these sites are located in Ontario and 50 are located in Québec. The acquisition also includes land banks and dealer-operated sites, as well as a long-term supply agreement with Imperial Oil.

Google Inc.

Acts as Canadian counsel to Google Inc. on competition and other regulatory matters.

Kinepolis Group NV

Acting for Kinepolis Group NV in its $123-million acquisition of Landmark Cinemas Canada LP, Canada's second-largest movie theatre exhibition company.

KIK Custom Products Inc.

Acted for KIK Custom Products Inc. in its acquisition of Lavo Inc., a leading manufacturer and marketer of laundry detergent, household cleaners, fabric softeners and bleach in Canada.

Monsanto Company

Acting for Monsanto Company on competition and regulatory matters in relation to its proposed US$66-billion acquisition by Bayer AG.

Iron Mountain Incorporated

Acted for Iron Mountain Incorporated (IRM) in connection with the divestiture of certain records and information management assets in the United States and Canada to Arkive, Inc., a portfolio company of the U.S.-based private equity firm, Summit Park Partners. The U.S. Department of Justice and Canadian Competition Bureau required these assets to be divested following IRM's US$2-billion acquisition of Recall Holdings Ltd.

Apollo Global Management LLC

Acted as Canadian counsel to Apollo Global Management LLC on competition and regulatory matters in connection with Apollo's US$7-billion acquisition of electronic security company ADT Corp.

GE Capital

Acted for GE Capital on Canadian regulatory matters in connection with the sale of various portfolios of assets, including its sale of Antares Capital to Canadian Pension Plan Investment Board for $12 billion; sale of its transportation finance business in the U.S. and Canada to Bank of Montréal; and sale of most of its railcar leasing business to Wells Fargo & Co. and the sale of its tank car fleet assets and railcar repair facilities to Berkshire's Marmon Holdings Inc.; and sale of its commercial lending and leasing business to Wells Fargo & Co for US$32 billion.

WIND Mobile Corp. and its shareholders

Acted for WIND Mobile Corp. (WIND) and its shareholders, including West Face Capital, in connection with the sale of WIND to Shaw Communications Inc. for approximately $1.6 billion.

Precision Castparts Corp.

Acted for Precision Castparts Corp. on Canadian competition and foreign investment review aspects of its proposed acquisition of Noranco for US$560 million.

West Face Capital Inc.

Acted for West Face Capital Inc. in its acquisition, together with a consortium of investors including Globalive Capital, Tennenbaum Capital Partners and LG Capital Investors, of the interests of VimpelCom Ltd. in Globalive Wireless Management Corp. (doing business as WIND Mobile).

Just Energy Group, Inc.

Acted for Just Energy Group, Inc. with respect to competition matters in its sale of National Energy Corporation, its water heater and HVAC home services business, to Reliance Comfort Limited Partnership for $505 million.

Corus Entertainment Inc.

Acted for Corus Entertainment Inc. with respect to the regulatory aspects of its acquisition from Bell Media of interests in certain TV (Teletoon, Historia & Séries+) and radio assets in Ottawa currently held by Astral Media, Inc. The combined acquisition price for these assets is $494 million.

US Airways Group, Inc.

Acted for US Airways Group, Inc. in connection with the competition law aspects of its merger with AMR Merger Sub, Inc., a wholly-owned subsidiary of American Airlines, Inc. The combined equity value is approximately US$11 billion.

Square, Inc.

Acted for Square, Inc. in connection with the expansion into Canada of its electronic payment service that allows users to accept credit card payments through their mobile devices.

Consorcio Comex, S.A. de C.V.

Acted as Canadian counsel for Consorcio Comex, S.A. de C.V. with respect to regulatory matters in connection with the acquisition of Consorcio Comex, S.A. de C.V. by The Sherwin Williams Company for approximately US$2.34 billion.

Commissioner of Competition

Acted for the Commissioner of Competition, the Head of the Canadian Competition Bureau, in the first challenge ever brought under the civil price maintenance provisions of the Competition Act alleging that the merchant rules of Visa and MasterCard are unlawful. This is one of the most significant proceedings to be brought before the Competition Tribunal in recent years, and resulted in a lengthy trial before the Tribunal.

Westerkirk Capital Inc.

Acted for Westerkirk Capital Inc. in its acquisition of Vista Broadcast Group Inc., the parent company of Vista Radio Ltd. which holds 38 broadcast licences serving 50 communities throughout British Columbia, Alberta and the Northwest Territories.

Canadian Radio-television and Telecommunications Commission

Acted as external counsel to the Canadian Radio-television and Telecommunications Commission with respect to its ownership and control review of Globalive Wireless Communications Inc. ("Wind Mobile").

Amcor Limited

Acted for Amcor Limited in the sale of its White Cap business in Europe, Asia, Brazil and the US to Silgan Holdings Inc. for a base price of $230 million.

Speaking Engagement

The Canadian Institute, Advertising & Marketing Law conference, “Inter-Jurisdictional Issues”; Toronto, ON

Jan. 24, 2017

Speaking Engagement

CD Howe Institute, What Does the Consumer See? – Content in a Globally Integrated Sector Panel, “The Future of Canadian Telecommunications and Broadcasting”; Ottawa, ON

Nov. 30, 2015

Speaking Engagement

Co-chair, American Bar Association, Section of International Law’s Fall Meeting, “Heightened Activism in Antitrust Merger Review”; Montréal, QC

Oct. 22, 2015

Speaking Engagement

Canadian Bar Association, Competition Fall Conference, “The New Frontier: Cutting-Edge Issues in Advertising and Marketing”; Ottawa, ON

Oct. 02, 2015

Speaking Engagement

Co-chair, American Bar Association, Section of International Law’s Asia Regional Forum; Tokyo, Japan; Mar. 02 & 03, 2015

Mar. 02, 2015

Bulletin

Presentation: Canadian Competition Law Highlights

Feb. 27, 2015 - Davies partners Mark Katz and Elisa Kearney delivered a presentation on Canadian competition law highlights to the Antitrust Lawyers Study Group, Tokyo, Japan. Download this presentation.

Speaking Engagement

Chair, Canadian Bar Association, National Competition Law Section’s Conference, “Investment Canada Act: A Five Year Retrospective ‒ Experience From the Front Lines”

June 10, 2014

Speaking Engagement

Co-chair, American Bar Association and the International Association of Young Lawyers, Section of International Law and the International Association of Young Lawyers Joint Conference, “Enforcers’ Growing Interest in Transactions That Fall Below Notification Thresholds and Strategies to Apply in Countries with Voluntary Pre-merger Notification Regimes”; Chicago, IL; June 06 & 07, 2014

June 06, 2014

Bulletin

Are You Prepared for a Search?

Jan. 31, 2014 - 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...

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 & Foreign Investment Review

Global Competition Review’s “40 Under 40” (2016)

Lexpert Rising Stars: Leading Lawyers Under 40

The Best Lawyers in Canada—Competition/Antitrust Law

Who’s Who Legal: Canada—Competition; Who’s Who Legal: Competition—Lawyers

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

Expert Guides’ Rising Stars

Bar Admissions

Solicitor, England & Wales, 2013
New York, 2010
Ontario, 2004

Education

New York University, LLM, 2009
Osgoode Hall Law School, LLB, 2003
McGill University, BA (Hons) (History & Political Science), 2000

Professional Affiliations

American Bar Association
Canadian Bar Association

Teaching Engagements

Elisa is an adjunct professor at the University of Toronto Faculty of Law, teaching The Legal Challenges of Digital Environments as part of the new Global Professional Master of Laws program in Innovation, Law and Technology. She is also a guest lecturer in advanced corporate law at Queen’s University Faculty of Law and a guest lecturer in advanced corporate transactions at University of Toronto Faculty of Law.