“One of the most intelligent minds in competition law in Canada.” (Chambers Global 2014)
John uses his deep knowledge of competition law and foreign investment review to provide clients with creative solutions in their most business-critical matters.
He advises Canadian, U.S. and international corporations across a wide range of industries on all aspects of competition and foreign investment review, including mergers, price-fixing investigations and other pricing, distribution and advertising matters. John has obtained Competition Act and Investment Canada Act clearances for numerous merger transactions. Clients appreciate John’s “encyclopedic knowledge” and practical, responsive manner. (Market Commentator – Chambers Global 2016)
John has significant expertise in advising companies on the criminal provisions of Canada’s Competition Act. Clients regularly consult him on contested matters, immunity or leniency agreements, and resolutions prior to formal proceedings.
A frequent speaker at industry conferences, John also writes on topics related to competition and foreign investment review.
Aecon Group Inc.
Acting for Aecon Group Inc., a leading provider of Canadian construction services, in its proposed $1.5-billion acquisition by CCCC International Holding Limited, the overseas investment and financing arm and a wholly-owned subsidiary of China Communications Construction Company Limited. The transaction allows Aecon to gain significant capabilities and financial strength by joining the world's largest network of engineering and construction companies.
Toromont Industries Ltd.
Acted for Toromont Industries Ltd. in its acquisition of Hewitt Equipment in a $1-billion transaction that expands Toromont's Caterpillar dealership into Québec, Western Labrador and the Maritimes, and strengthens its expertise in the mining, construction, power systems and forestry sectors.
Barrick Gold Corporation
Acted for Barrick Gold Corporation in connection with a transaction with Shandong Gold that included the sale of a 50% interest in the Veladero gold mine for US$960 million; the negotiation of a 50/50 joint venture arrangement in respect of the Veladero gold mine; the negotiation of a strategic cooperation agreement to explore the joint development of the Pascua-Lama deposit located along the Chilean-Argentinean border; and the evaluation of additional investment opportunities on the highly prospective El Indio Gold Belt on the border of Argentina and Chile.
Barrick Gold Corporation
Acted for Barrick Gold Corporation in connection with its sale of a 25% stake in the Cerro Casale Project to Goldcorp, and the negotiation of a 50/50 regional joint venture over the Cerro Casale, Quebrada Seca and Caspiche projects in Chile's Maricunga district. This highly complex and multi-faceted transaction involved the acquisition by Goldcorp of Kinross' entire 25% interest in the Cerro Casale Project and a 25% interest in the project from Barrick, whose holding in the project will fall from 75% to 50%. Upon closing of the transaction, the joint venture was established.
Association of Chartered Certified Accountants
Acted as co-counsel for the Association of Chartered Certified Accountants in respect of trade-mark claims and antitrust defences against certain provincial Chartered Accountant and Chartered Professional Accountant institutes in Federal Court.
Acting for Monsanto Company on competition and regulatory matters in relation to its proposed US$66-billion acquisition by Bayer AG.
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.
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.
West Face Capital Inc.
Acted for West Face Capital Inc. in relation to obtaining regulatory approvals under the Investment Canada Act, the Competition Act, and Industry Canada wireless spectrum policy for the acquisition of WIND Mobile by a consortium of investors. This transaction represented the first approval under the Investment Canada Act of a non-Canadian to acquire control of a Canadian wireless service provider.
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.
Canada Repeals Facilitation Payments Exception in Corruption of Foreign Public Officials Act
Oct. 30, 2017 - The Canadian government announced on October 30, 2017, that it is repealing the exception for “facilitation payments” to the offence of bribery under the Corruption of Foreign Public Officials Act (CFPOA). The CFPOA is Canada’s principal legislation combatting bribery of foreign public...
Government of Canada Consults on Tools to Address Corporate Wrongdoing
Sept. 28, 2017 - Many jurisdictions around the world have implemented frameworks to deter and address the consequences of criminal and quasi-criminal business practices by corporations. In an effort to ensure that Canada has the right tools to address corporate crimes, on September 25, 2017, the Canadian government...
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 business...
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...
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 ...
Ontario Court of Appeal Upholds Conviction for Conspiracy to Bribe Foreign Public Officials
July 19, 2017 - In 2014, Nazir Karigar was sentenced to three years in prison under Canada’s Corruption of Foreign Public Officials Act (CFPOA) for his role in a scheme to offer bribes to Indian officials on behalf of a Canadian technology company. Karigar was the first individual sentenced under the...
International Merger Enforcement — A Canadian Context
June 01, 2017 - This paper begins with an overview of the Canadian merger review process, followed by a comparison of the U.S. and Canadian timelines for contested cases and a discussion of some atypical bases on which the Canadian competition authority has found proposed mergers to be anti-competitive. Finally,...
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 Investment...
A Tale of Two Merger Reviews: Merger of Two Canadian Companies Cleared by Competition Bureau but Challenged by U.S. Federal Trade Commission
June 30, 2016 -
Different Legal Standards Lead to Different Outcomes for Same Proposed Merger On June 28, 2016, Canada’s Competition Bureau announced that it had cleared Superior Plus Corporation’s acquisition of Canexus Corporation despite the...
Canadian Integrity Regime Amendments: Serious Implications for Certification and Reporting Obligations for Federal Government Contracts
May 13, 2016 - On April 4, 2016, the Canadian federal government amended its Integrity Regime, which governs the qualification of suppliers to enter into contracts with Public Works and Government Services Canada (PWGSC) and a number of other federal departments and agencies. The amendments are intended to...
Chambers Global: The World’s Leading Lawyers for Business—Competition/Antitrust (Band 1)
Chambers Canada: Canada’s Leading Lawyers for Business—Competition/Antitrust (Band 1)
GCR 100 Canada: A Guide to the World’s Leading Competition Law and Economics Practices—Competition and Foreign Investment Review
The Legal 500 Canada—Competition and Antitrust
The Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada—Competition Law
Lexpert Guide to the Leading US/Canada Cross-Border Corporate Lawyers in Canada—Competition Law
Lexpert Guide to the Leading US/Canada Cross-Border Litigation Lawyers in Canada—Competition Law
The Canadian Legal Lexpert Directory—Competition Law (Most Frequently Recommended)
The Best Lawyers in Canada—Competition/Antitrust Law Lawyer of the Year—Toronto 2017
Who’s Who Legal: Canada—Competition; Who’s Who Legal: Competition—Lawyers
Expert Guides—Competition and Antitrust