“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.
Barrick Gold Corporation
Acting for Barrick Gold Corporation in connection with a transaction with Shandong Gold that includes 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
Acting 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 involves 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 will be established.
Association of Chartered Certified Accountants
Acted as co-counsel for the Association of Chartered Certified Accountants in respect of trade-mark claims and anti-trust allegations against provincial Chartered Accountants Institutes in the 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.
Maple Group Acquisition Corporation
Acted for Maple Group Acquisition Corporation (renamed TMX Group Limited), an entity whose shareholders consisted of five of Canada's largest pension funds, four Canadian bank-owned investment dealers, a leading independent broker dealer, Canada's largest financial co-operative group and a leading Canadian-based financial services group, in connection with its $3.8-billion acquisition of each of TMX Group Inc., The Canadian Depository for Securities Limited, Alpha Trading Systems Inc. and Alpha Trading Systems Limited Partnership, resulting in the creation of a new integrated clearing and exchange group. This deal was awarded Deal of the Year in 2012 by Lexpert magazine.
Minmetals Resources Limited
Acted for Minmetals Resources Limited in connection with its $6.3-billion all-cash unsolicited takeover bid for Equinox Minerals Limited.
Barrick Gold Announces Strategic Divestiture and Partnership with Shandong Gold
Apr. 07, 2017 - Davies is acting for Barrick Gold Corporation in its transaction with Shandong Gold that includes the following: 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...
Barrick Gold Announces Three-Way Transaction with Goldcorp and Kinross
Apr. 07, 2017 - Davies is acting for Barrick Gold in its recently announced, highly complex three-way transaction with Goldcorp and Kinross Gold. This transaction involved Barrick’s sale of its 25% stake in the Cerro Casale Project to Goldcorp and Goldcorp’s acquisition of Kinross’s entire 25% interest in the...
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...
Davies Recognized as “Simply Elite” in The Legal 500 Canada
Nov. 11, 2016 - The 2017 edition of The Legal 500 Canada has recognized Davies for its “simply elite” lawyers and “client-focused team players” with rankings in 14 categories, including Tier 1 rankings in the following: Capital Markets Competition and Antitrust Corporate and M&A Dispute Resolution:...
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 MergerOn June 28, 2016, Canada’s Competition Bureau announced that it had cleared Superior Plus Corporation’s acquisition of Canexus Corporation despite the Bureau’s conclusion that the transaction “would likely result in a...
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...
Mediation in Canadian Competition Tribunal Proceeding Leads to Settlement in Merger Challenge
Apr. 04, 2016 - On March 29, 2016, the Canadian Commissioner of Competition and Parkland Fuel Corp. entered into a consent agreement to resolve the Commissioner’s challenge to Parkland’s acquisition of Pioneer Energy. This marks the first time in a Canadian Competition Tribunal proceeding that a consent agreement...
Foreign Investors Cannot Use Statutory Privilege to Avoid Disclosure of Investment Canada Act Undertakings
Feb. 11, 2016 - On January 26, 2016, the Court of Appeal for Ontario ruled that confidential written undertakings given by a foreign investor to the government of Canada to settle enforcement action under the Investment Canada Act (ICA) were not barred by the ICA from disclosure in unrelated legal proceedings. In...
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...
Davies Named an Elite Firm in GCR 100, 16th Edition
Jan. 15, 2016 - Davies was once again recognized by Global Competition Review in its annual GCR 100 list as an Elite Canadian firm, the highest category awarded in the jurisdiction. Davies partners George Addy, Anita Banicevic, John Bodrug, Adam Fanaki, Sandra Forbes, Mark Katz, Elisa Kearney and Charles...
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
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