“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
Acted for Barrick Gold Corporation in its historic joint venture with Newmont Goldcorp Corporation, which combined their respective mining operations, assets, reserves and talent in Nevada to create the world's largest gold complex.
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.
Major public multinational firm
Acted for a major public multinational firm in an internal investigation involving numerous jurisdictions, coordinating assessments of foreign jurisdictions and leniency applications to Canadian competition authorities.
Acted for Monsanto Company on competition and regulatory matters in its US$66-billion acquisition by Bayer AG.
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 trademark claims and antitrust defences against certain provincial Chartered Accountant and Chartered Professional Accountant institutes in Federal Court.
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.
A Revival or an Aberration? Prohibition Orders Without a Conviction for Cartel Offences Under the Competition Act, co-author
Dec. 02, 2019 - The Marker (Canadian Bar Association)
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Ontario Court of Appeal Upholds Application of Regulated Conduct Defence to Dismiss Class Action Alleging Conspiracy in Beer Industry, co-author
June 30, 2019 - Competition Policy International
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Canadian Commissioner of Competition Challenges Acquisition of Specialized Software Business
June 19, 2019 - The Commissioner of Competition recently filed a notice of application with the Canadian Competition Tribunal challenging the acquisition of a Canadian software company that closed on May 13, 2019. The Commissioner claims that the acquisition has resulted in a merger to monopoly for the...
OECD Report Highlights Use of Non-Trial Resolutions to Combat Foreign Bribery Cases
Apr. 11, 2019 - The Organisation for Economic Co-operation and Development (OECD) recently released a report titled “Resolving Foreign Bribery Cases with Non-Trial Resolutions” at its annual Global Anti-Corruption and Integrity Forum in Paris. According to the report, non-trial resolution mechanisms have become...
Davies Governance Insights 2018
Oct. 03, 2018 - Davies’ annual Governance Insights reports analyze the top governance trends and issues important to Canadian boards, senior management, in-house counsel and governance observers...
In the News
John Bodrug Authors Globe and Mail Op-Ed on Lengthening Global Merger Reviews
Sept. 05, 2018 - Eyewear industry leaders Essilor and Luxottica recently completed regulatory clearances of their planned merger, more than 18 months after the deal was announced. In an article published in The Globe and Mail, Davies partner John Bodrug writes that this transaction reflects a trend toward...
Ontario Court Awards $2.35 Million in Costs to Successful Defendants in Proposed Antitrust Class Proceeding
Aug. 20, 2018 - Justice Perell, of the Ontario Superior Court of Justice, has rendered his costs award in respect of his earlier decision granting summary judgment (see our March 23, 2018 bulletin) in favour of the defendants in Hughes v Liquor Control Board of Ontario. The case was a proposed class...
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...
Increased Filing Fees for Merger Reviews Under the Canadian Competition Act
Apr. 25, 2018 - The Canadian Competition Bureau has announced that the filing fee for merger reviews under the Competition Act (Act) will increase to $72,000, from $50,000, effective May 1, 2018. The fee will be adjusted for inflation annually thereafter. This 44% increase represents the first change...
Canada Proposes Regime for Deferred Prosecution Agreements
Apr. 11, 2018 - The Canadian government recently tabled legislation to implement a regime for deferred prosecution agreements (DPAs) for corporations accused of certain types of federal offences for which conviction would disqualify the corporation from federal government contracts. This proposal follows...
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 (Leading Lawyer)
The Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada—Competition Law
Lexpert Special Edition on Finance and M&A
Lexpert Guide to US/Canada Cross-Border Lawyers in Canada—Regulatory
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; Who’s Who Legal: Foreign Investment Review
Expert Guides—Competition and Antitrust