Searchlight Pharma Inc.

Acting for the shareholders of Searchlight Pharma Inc., a top-growth Canadian specialty and innovative branded pharmaceutical company, in connection with the sale of their 100% interest to Apotex Inc., Canada’s largest pharmaceutical company.

Mastermind Toys

Acted for Mastermind Toys in its proceedings under the Companies' Creditors Arrangement Act, which included liquidating 18 stores and the sale of majority of its locations to Mastermind Toys Inc., a subsidiary of Unity Acquisitions Inc.

Tecpetrol Investments S.L.

Acted for Tecpetrol Investments S.L. in its successful unsolicited take-over bid to acquire Alpha Lithium Corporation for C$310 million.

Integrated Media Company

Acted for Integrated Media Company, a TPG platform dedicated to the new media ecosystem, in its C$147.5-million acquisition of Toon Boom Animation Inc., an Emmy® Award-winning Montreal-based animation software company, from Nelvana Limited, a subsidiary of Corus Entertainment Inc.

Copper Mountain Mining Corporation

Acted for Copper Mountain Mining Corporation in its US$439-million all-share acquisition by Hudbay Minerals Inc. by way of a court approved plan of arrangement.

American Holt, LLC, a portfolio company of Arcline Investment Management

Acted for American Holt, LLC, a portfolio company of Arcline Investment Management, in its acquisition of DMA Solution Inc., a leading engineering company for solutions in the manufacturing of high performance products for the PET plastic container and beverage industries.

Aecon Group Inc.

Acted for Aecon Group Inc. in the sale of its Aecon Transportation East roadbuilding, aggregates and materials business in Ontario to Green Infrastructure Partners Inc. for C$235 million in cash.

Fengate Asset Management Ltd.

Acted for Fengate Asset Management Ltd. in the C$50.2-million sale of 60 MW Sault Ste. Marie solar portfolio located in northwestern Ontario to Innergex Renewable Energy Inc.

Fengate Asset Management Ltd.

Acted for Fengate Asset Management Ltd. in the sale of a 75% interest in the 40 MW Grand Valley III wind project in Ontario to Axium Infrastructure.

KKR

Acted as Canadian counsel to KKR, a leading global investment firm, in its equity investment in connection with the strategic merger of 123Dentist with Altima Dental and Lapointe Group. The merger creates one of the largest dental support organizations in Canada, with nearly 350 supported dental practices.

Tegus

Acted for Tegus, a leading research platform for investors, with its acquisition of Canalyst, a provider of data and analytics on listed companies.

Cominar REIT

Acted for Cominar REIT, one of Canada's largest diversified real estate investment trusts and the largest commercial property owner in Québec, in its C$5.7-billion sale to Iris Acquisition II LP, which is an entity created by a consortium led by Canderel Real Estate Property Inc., one of Canada's largest privately held real estate companies.

Hydrostor Inc.

Acted for Hydrostor Inc., a developer of Advanced Compressed Air Energy Storage (A-CAES) projects, in securing a US$250-million preferred equity financing commitment from Goldman Sachs Asset Management - one of the largest investments in the emerging long-duration energy storage sector.

Agnico Eagle Mines Limited

Acted for Agnico Eagle Mines Limited in its merger with Kirkland Lake Gold Ltd. to create a $30-billion combined company and the gold industry's highest-quality senior producer.

Arcline Investment Management

Acted as Canadian counsel to Fairbanks Morse Defense, a portfolio company of Arcline Investment Management, in its acquisition of Hunt Valve Company, Inc.

Alexion Pharmaceuticals Inc.

Acted as Canadian competition counsel for Alexion Pharmaceuticals Inc., a global biopharmaceutical company focused on rare disorders therapies, in its US$39-billion acquisition by AstraZeneca plc, a UK-based biopharmaceutical company focused on prescription medicines.

Russel Metals Inc.

Acted for Russel Metals Inc., one of the largest metals distribution companies in North America, in its joint venture with Marubeni-Itochu Tubulars America Inc. whereby each company combined their respective Canadian OCTG/line pipe business into a newly incorporated company, named TriMark Tubulars Ltd.

Roxgold Inc.

Acted for Roxgold Inc. in its C$1.1-billion business combination with Fortuna Silver Mines Inc. to create a premier growth-oriented global intermediate gold and silver producer.

Rexall Pharmacy Group

Acted for Rexall Pharmacy Group in the sale of its Ontario and northern Alberta long-term care pharmacy business to CareRx Corporation, Canada's leading provider of pharmacy services to seniors and other congregate care communities.

Temasek

Acted for Temasek, as lead investor, in the US$75-million Series D equity financing of Svante Inc., a British Columbia-based large-scale carbon capture technology provider.

Agnico Eagle Mines Limited

Acted for Agnico Eagle Mines Limited in its all-cash acquisition of TMAC Resources Inc. by way of assignment to Agnico Eagle from Shandong Gold of an arrangement agreement between Shandong Gold and TMAC pursuant to a court-approved plan of arrangement under the Business Corporations Act (Ontario). The transaction had a total equity value of approximately C$287 million and, in connection with the acquisition, Agnico Eagle also retired TMAC's outstanding debt and deferred interest of approximately US$135 million.

Alstom S.A.

Acted as Canadian counsel to Alstom S.A. in its EUR4.4-billion strategic acquisition of Bombardier Transportation.

McKesson Corporation

Acting for McKesson Corporation in the sale of ClaimSecure Inc., an industry-leading healthcare management firm, to The Canada Life Assurance Company, a subsidiary of Great-West Lifeco Inc.

Tech Data Corporation and Apollo Global Management, Inc.

Acting as Canadian competition counsel to Tech Data Corporation and Apollo Global Management, Inc. in Tech Data's proposed $7.2-billion merger with SYNNEX Corporation to create the world's largest IT distributor.

The Pallinghurst Group

Acted for The Pallinghurst Group, a private investor in the global natural resources sector, in its joint 50-50 acquisition with Investissement Québec of Québec-based Nemaska Lithium Inc. pursuant to a sales process under the Companies' Creditors Arrangement Act. The acquisition was structured as a credit bid with Nemaska's largest secured creditor, Orion Mine Finance, and achieved through a reverse vesting order granted by the Superior Court of Québec and upheld by the Québec Court of Appeal.

New Gold Inc.

Acted for New Gold Inc. in its sale of the Blackwater Project in British Columbia to Artemis Gold Inc. for $210-million and an 8% gold stream.

SEMAFO Inc.

Acted as counsel to SEMAFO Inc. in its US$2.1-billion business combination with Endeavour Mining Corporation by way of plan of arrangement under the Business Corporations Act (Québec).

FCF Co. Ltd.

Acted as Canadian counsel for FCF Co., Ltd. in its US$928-million acquisition of all the assets of Clover Leaf Foods and Bumble Bee Foods, North America's largest branded shelf-stable seafood companies, under a sale proceeding conducted under the Companies' Creditors Arrangement Act and the U.S. Bankruptcy Code.

Apotex Inc.

Acted as lead transaction and tax counsel to Apotex Inc. and ApoPharma USA Inc. on the sale of the ApoPharma business, including the global rights to Deferiprone, an iron chelator used to treat iron overload conditions resulting from blood transfusions, to Chiesi Farmaceutici S.p.A.

AirBoss of America Corp.

Acted for AirBoss of America Corp. to form a new defense business, AirBoss Defense Group, through the merger of its AirBoss Defense business and other operations in Acton Vale, Québec, with privately owned, U.S.-based Critical Solutions International, Inc., in a transaction valued at approximately US$132.7 million.

HyLife Investments Ltd.

Acted as lead competition law counsel for HyLife Investments Ltd., coordinating global merger approvals in connection with its $498-million sale to CPF Canada Holdings Corp., a subsidiary of Charoen Pokphand Foods Pcl, Thailand's largest agriculture conglomerate.

Temasek

Acted for Temasek, as lead investor, in the initial round of Series E financing of General Fusion Inc., a British Columbia-based fusion energy start-up that is working to commercialize nuclear fusion technology.

Pfizer Inc.

Acted for Pfizer Inc. on competition matters in the combination of its consumer healthcare business with GlaxoSmithKline, one of the world's leading research-based pharmaceutical and healthcare companies, to create a new Joint Venture with combined sales of approximately US$12.7 billion.

Barrick Gold Corporation

Acted for Barrick Gold Corporation in its historic joint venture with Newmont Mining Corporation, which combined their respective mining operations, assets, reserves and talent in Nevada to create the world's largest gold complex.

Ipsen S.A.

Acted for French biopharmaceutical company Ipsen in the acquisition of Québec-based Clementia Pharmaceuticals for a purchase price of US$25.00 per share in cash upfront, plus a contingent value right (CVR) of US$6.00 per share, for a total transaction value of up to US$1.31 billion.

Birch Hill Equity Partners

Acted for Birch Hill Equity Partners in the $101.6-million acquisition and related financing of non-core midstream and power assets in Canada from AltaGas Ltd. and in the $63.4-million acquisition of a 13.3% interest in Tidewater Midstream and Infrastructure Ltd., a public company, from AltaGas.

Barrick Gold Corporation

Acted for Barrick Gold Corporation in its recommended US$18.3-billion share-for-share merger with Randgold Resources Limited. This complex and multijurisdictional transaction created an industry-leading gold company with the greatest concentration of tier one gold assets in the industry and a diversified asset portfolio positioned for growth.

The Sierra-Cedar Group, Inc.

Acted for The Sierra-Cedar Group, Inc., a portfolio company of Golden Gate Capital, in the sale of its Canadian subsidiary, Sierra Systems Group, Inc., to NTT DATA Services, a Texas-based recognized leader in global technology services.

Getty family and Getty Images Inc.

Acted as Canadian counsel to the Getty family and to Getty Images Inc. on competition and regulatory matters in the Getty family's acquisition from The Carlyle Group of a majority stake in Getty Images, a global leader in visual communications.

Arizona Mining Inc.

Acted for Arizona Mining Inc. in its sale to South32 Limited in an all-cash transaction valuing Arizona Mining at approximately $2.1 billion, by plan of arrangement.

Blue Wolf Capital Partners LLC

Acted as Canadian counsel to Blue Wolf Capital Partners LLC on the acquisition and related financing of a majority stake in The State Group Inc., a leading North American multi-trade industrial and specialty services contractor.

McKesson Canada

Acted for McKesson Canada in its acquisition of Well.ca, an online retailer of health, wellness, baby and beauty products.

Sentry Investments

Acted for Sentry Investments in its $780-million acquisition by CI Financial Corp. in a transaction that combines two of Canada's largest independent active asset managers.

Birch Hill Equity Partners

Acted for Birch Hill Equity Partners in its acquisition of CCM Hockey from Adidas.

Association of Chartered Certified Accountants

Acted as co-counsel for the Association of Chartered Certified Accountants in respect of trademark claims and antitrust defences against certain provincial Chartered Accountant and Chartered Professional Accountant institutes in Federal Court.

McKesson Corporation

Acted for McKesson Corporation, a leading international healthcare services and information technology company, in connection with its $3-billion acquisition of Rexall and Rexall Pharma Plus, which operate approximately 470 pharmacies in Canada, from Katz Group, one of Canada's largest privately owned enterprises.

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.

Shaw Communications Inc.

Acted for Shaw Communications Inc. in connection with its sale of Shaw Media Inc. to Corus Entertainment Inc. for $2.65 billion. Shaw Media is the owner of the Global Television Network and 19 specialty channels including HGTV Canada, Food Network Canada and Showcase. Davies acted for Shaw in 2010 on the purchase of these assets from CanWest Global Communications for $2 billion. The proceeds from this sale were used to finance Shaw's acquisition of WIND Mobile for $1.6 billion. Davies acted for WIND Mobile.

Canadian Real Estate Association

Acted for the Canadian Real Estate Association, an intervener in proceedings brought by the Commissioner of Competition against the Toronto Real Estate Board, including a hearing and rehearing before the Competition Tribunal in 2012 and 2015, two appeals decided by the Federal Court of Appeal and two applications for leave to appeal to the Supreme Court of Canada. Issues include privacy rights of consumers, copyright protection in property information databases and whether certain rules on the display of certain property information on portions of an internet website amounted to abuse of dominance.

Teva Pharmaceutical Industries Ltd.

Acted as Canadian counsel to Teva Pharmaceutical Industries Ltd. on competition and regulatory matters in connection with Teva's US$40.5-billion acquisition of Allergan Plc's generic pharmaceuticals business.

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.

Pfizer Inc.

Acted as Canadian counsel to Pfizer Inc. on competition and regulatory matters in connection with Pfizer's proposed US$160-billion acquisition of Allergan Plc.

Barrick Gold Corporation

Acted for Barrick Gold Corporation in an auction transaction for the Zaldívar mine in Chile which resulted in the sale to Antofagasta Plc of a 50% interest in the mine for C$1.005 billion, and related joint venture arrangements.

Fortis Inc.

Acted for Fortis Inc. and Fortis Properties Corporation (FPC) in connection with the sale by FPC of its hotel portfolio to a private investor group for $365 million. The hotel portfolio is comprised of 22 hotels located in seven Canadian provinces.

Pfizer Inc.

Acted as Canadian counsel to Pfizer Inc. on competition and regulatory matters in connection with its $17-billion acquisition of Hospira Inc., a leading provider of injectable drugs, infusion technologies and biosimilars.

Alfa S.A.B. de C.V.

Acted for Alfa S.A.B. de C.V. in connection with its proposed acquisition, with Harbour Energy Ltd., of all of the outstanding common shares of Pacific Rubiales Energy Corp. for an all-cash purchase price of approximately $1.7 billion, plus the assumption of approximately $5 billion in debt. The acquisition was structured as a plan of arrangement under the Business Corporations Act (British Columbia).

Fortis Inc.

Acted for Fortis Inc. (Fortis) and Fortis Properties Corporation (FPC) in connection with the sale by FPC of its commercial real estate portfolio to Slate Office REIT for $430 million.  The portfolio comprises 2.8 million square feet of leasable space located in Newfoundland, New Brunswick and Nova Scotia and includes the Delta Brunswick hotel in Saint John.  Davies also acted for Fortis in connection with its related $35 million investment in trust units of Slate Office REIT.

Actavis plc

Acted as Canadian counsel to Actavis plc on competition and regulatory matters in connection with its US$66 billion acquisition of Allergan, Inc.

ZF Friedrichshafen AG

Acted as Canadian counsel to ZF Friedrichshafen AG on competition and other regulatory matters in its acquisition of TRW Automotive Holdings Corp. for approximately US$12.1 billion.

TransForce Inc.

Acted for TransForce Inc. with respect to competition and other regulatory matters in its acquisition of Contrans Group Inc. for a total equity purchase price of approximately $495 million.

Cominar Real Estate Investment Trust

Acted for Cominar Real Estate Investment Trust in connection with the $1.527-billion acquisition of a portfolio of 11 shopping centres, three office properties and one industrial property from Ivanhoé Cambridge, the real estate subsidiary of the Caisse de dépôt et placement du Québec. The firm also represented Cominar in financing the acquisition, through the issuance of $250 million of trust units to Ivanhoé Cambridge by way of private placement, the issuance of $250 million of trust units to the public by way of a bought deal, the establishment of new unsecured bridge facilities of up to $850 million, a $100-million unsecured credit facility, and mortgage financings of $250 million.

Apollo Global Management, LLC and Jupiter Resources Inc.

Acted for Apollo Global Management, LLC and Jupiter Resources Inc. (a portfolio company of funds managed by affiliates of Apollo) on competition and foreign investment matters in Jupiter's proposed acquisition of the Bighorn area properties and related assets from Encana Corporation for a purchase price of approximately $2 billion.

Actavis plc

Acted as Canadian counsel to Actavis plc on competition and regulatory matters in connection with its US$28-billion acquisition of Forest Laboratories Inc.

Cominar Real Estate Investment Trust

Acted for Cominar Real Estate Investment Trust in connection with its $228-million acquisition of a portfolio of 11 office properties in the Greater Toronto Area and in Montréal from Redbourne Realty Fund.

Archer Daniels Midland Company

Acted as Canadian Counsel for Archer Daniels Midland Company with respect to competition matters in its proposed A$2.3 billion acquisition of GrainCorp Limited.

Waste Management, Inc.

Acted for Waste Management, Inc. with respect to the acquisition of RCI Environnement Inc., including extensive negotiations regarding a consensual remedy to the Competition Bureau's concerns. This matter was one of the most significant merger reviews undertaken by the Competition Bureau in 2013 and one of only two merger transactions in 2013 that was resolved through a Consent Agreement.

Waste Management of Canada Corporation

Acted for WM Québec Inc., an affiliate of Waste Management, Inc., a leading provider of comprehensive waste management services in North America, in connection with the acquisition of the RCI Group, the leading integrated waste management group in the Province of Québec.

Glencore and Xstrata plc

Acted for Xstrata plc on Canadian matters, and for Glencore and Xstrata plc on Canadian regulatory matters, in relation to the acquisition by Glencore of the remaining stake in Xstrata, to create a major natural resources group with a combined equity market value of US$90 billion.

BHP Billiton

Acted for BHP Billiton in an auction transaction for the sale of its diamond business, comprising its controlling interests in the EKATI Diamond Mine and its Diamonds Marketing operations in Belgium, which resulted in the sale of the business to Dominion Diamond Mines Ltd. for aggregate cash consideration of US$500 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.

Spectrum Brands, Inc.

Acted as Canadian counsel for Spectrum Brands, Inc. in connection with its US$1.4 billion acquisition of the global Hardware & Home Improvement Group (HHI) of Stanley Black & Decker, Inc.

Rogers Communications Inc.

Acted for Rogers Communications Inc. with respect to competition and regulatory matters in connection with its joint acquisition with Bell Canada of Maple Leaf Sports & Entertainment Ltd. from Ontario Teachers' Pension Plan.

Google Inc.

Acted as Canadian counsel to Google Inc. on competition and other regulatory matters in connection with its US$12.5 billion acquisition of Motorola Mobility Holdings, Inc.

United Technologies Corporation

Acted as Canadian counsel to United Technologies Corporation on competition and other regulatory matters in connection with its acquisition of Goodrich Corporation in a deal valued at US$16.5 billion.

Schlumberger Limited

Acted for Schlumberger Limited in the sale of its Rig Management Group, with drilling rigs in Oman, Pakistan and Venezuela, to Saxon Energy Services.

Wal-Mart Canada Corp.

Acted for Wal-Mart Canada Corp. in connection with the acquisition of leases for 39 store locations occupied by Zellers from Target Canada.

Canadian Broadcasting Corporation

Acted for Canadian Broadcasting Corporation, a significant shareholder of Sirius Canada Inc., in connection with the merger between Sirius Canada Inc. and Canadian Satellite Radio Holdings Inc. in a transaction valued at $520 million.

Minmetals Resources Limited

Acted for Minmetals Resources Limited in connection with its $6.3-billion all-cash unsolicited takeover bid for Equinox Minerals Limited.

OneSteel Limited

Acted as counsel for OneSteel Limited on Canadian Competition Act matters in connection with its US$932-million acquisition of the Moly-Cop and AltaSteel businesses from Anglo American Plc.

Wells Fargo & Company

Acted as Canadian counsel to Wells Fargo & Company on Canadian regulatory matters in connection with its acquisition of Wachovia Corporation in a deal valued at US$11.7 billion.

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.

Interview, Canadian Lawyer Magazine, “Investment Canada Act changes target state-owned enterprises, high tech, critical minerals”; Web Publication

Apr. 15, 2024 - Read the article.

Canadian Government Enacts Major Amendments to the Investment Canada Act to Enhance Canada’s National Security Review Regime

Mar. 27, 2024 - Substantial amendments to the Investment Canada Act (ICA) were enacted on March 22, 2024, with the passing of Bill C-34, the National Security Review of Investments Modernization Act. These amendments, long in the works, will come into effect on a date to be fixed by Cabinet. It...

Canadian Government to Enhance Scrutiny of Foreign Investments in the Interactive Digital Media Sector

Mar. 13, 2024 - The Canadian government recently issued two policy statements (IDM Statements) affirming that it will enhance its scrutiny under the Investment Canada Act (ICA) of foreign investments in the Canadian Interactive Digital Media (IDM) sector. One of the statements sets out the government’s...

Investing In… 2024: Canada chapter, co-author

Jan. 01, 2024 - Chambers Global Practice Guides (Chambers and Partners)
Read the chapter.

Jim Dinning in Mergermarket on Potential Expansion of Canadian Barriers to Chinese Investments

Dec. 21, 2023 - Jim Dinning was recently interviewed for a Mergermarket article titled “Canadian barriers to Chinese investment likely to expand, remain indefinitely—advisors say. ” The article examines these barriers, which “have increased in recent years due to tensions between the Canadian and Chinese...

A New Era for Canadian Competition Law: Landmark Proposed Changes to the Competition Act Announced

Dec. 06, 2023 - The government announced significant additional amendments to Canada’s Competition Act in late November 2023, building on those already under consideration by Parliament in Bill C-56 and others enacted in 2022. More specifically, the Fall Economic Statement Implementation Act,...

Canadian Foreign Investment Law in 2023: National Security Is (Still) Paramount

Feb. 03, 2023 - In this annual review of Canadian foreign investment law, we discuss developments over the past year, including proposed amendments to the Investment Canada Act (ICA) and new government policies on the treatment of specific categories of investments. We also consider how these trends will...

Canadian Competition Law Trends for 2023: Significant Amendments and More Change Ahead

Feb. 03, 2023 - Significant amendments to Canada’s Competition Act (Act) dominated discussion about Canadian competition law policy and enforcement in 2022. Given the full implementation of the first round of amendments and the formal commencement of public consultation on further amendments, potential...

Investing In… 2023: Canada chapter, co-author

Jan. 19, 2023 - Chambers Global Practice Guides (Chambers and Partners)
Read the article.

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...

Canada Proposes Significant Amendments to the Competition Act

Apr. 29, 2022 - Earlier this week, the Canadian government introduced the Budget Implementation Act, 2022, No. 1 (Bill) to enact measures announced in its April 7, 2022 budget (Budget). The Budget foreshadowed that the Bill would contain amendments to the Competition Act (Act) that are...

Canadian government imposes strict new rules on Russian FDI in Canada, co-author

Mar. 17, 2022 - Kluwer Competition Law Blog (Wolters Kluwer)
Read the article.

Merger Review under the Canada Transportation Act – The Interplay with Competition Act Review, co-author

Mar. 01, 2022 - The Pipeline, Spring 2022, Vol. 1, Issue 1 (American Bar Association)
Download the article.

Main Developments in Competition Law and Policy 2021 – Canada, co-author

Feb. 22, 2022 - Kluwer Competition Law Blog (Wolters Kluwer)
Read the article.

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...

Main Developments in Competition Law and Policy 2020: Canada, co-author

Jan. 06, 2021 - Kluwer Competition Law Blog (Wolters Kluwer)
Read the article.

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...

Canadian Competition Act Amended to Harmonize Treatment of Corporations and Non-Corporate Entities

May 03, 2018 - Years after first being proposed, amendments to the Canadian Competition Act (Act) harmonizing the application of the “affiliate” rules to corporate and non-corporate entities, including partnerships and trusts, were proclaimed in force on May 1, 2018. Although technical in nature, these...

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...

Jim Dinning Comments on Influencer Sponsorships

July 13, 2017 - Davies partner Jim Dinning was quoted in a CBC article about a growing trend among Canadian athletes and other influencers who are tagging paid social media posts with #sponsored or #ad on their feeds. The rise of influencers making sponsored posts has highlighted the lack of clarity regarding how...

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...

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...

Competition Tribunal Dismisses Refusal to Deal Application Against CarProof, AutoTrader and Kijiji

Jan. 06, 2016 - On January 4, 2016, the Canadian Competition Tribunal publicly released its decision dismissing Audatex Canada ULC’s application for leave to bring a refusal to deal application under the Competition Act against CarProof Corporation, Trader Corporation and Marktplaats BV. Audatex wanted...

Canadian Pre-Merger Notification: Overview

June 22, 2015 - The Competition Act R.S.C. 1985, c. C34 (Competition Act) requires that mergers, acquisitions and other business combinations that meet certain prescribed thresholds be notified to the Commissioner of Competition (Commissioner), who is the head of the federal Competition Bureau...

Canadian Government Announces Changes to Foreign Investment Review Regime

Mar. 26, 2015 - On March 25, 2015, the Canadian government announced that it would implement long-awaited changes to Canada’s foreign investment review regime under the Investment Canada Act (ICA). These changes will significantly alter the threshold used in most transactions to determine whether foreign...

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...