Mark C. Katz

Partner

Mark C. Katz

Mark C. Katz

Partner

“An extremely good competition lawyer.” (Chambers Global 2015)

Mark counsels clients – in Canada and internationally – on mergers and acquisitions, criminal cartel investigations, joint ventures, abuse of dominance, distribution and pricing practices, misleading advertising and compliance. He also advises clients on the regulation of foreign investments and ownership in Canada, including under the Investment Canada Act.

Clients appreciate Mark’s calm demeanour, his straightforward and personable approach and his common-sense advice on competition and foreign investment matters.

Mark is actively involved in the Canadian and American Bar Associations and writes and speaks frequently on Canadian competition and foreign investment review laws.

Mark C. Katz

Partner

“An extremely good competition lawyer.” (Chambers Global 2015)

Mark counsels clients – in Canada and internationally – on mergers and acquisitions, criminal cartel investigations, joint ventures, abuse of dominance, distribution and pricing practices, misleading advertising and compliance. He also advises clients on the regulation of foreign investments and ownership in Canada, including under the Investment Canada Act.

Clients appreciate Mark’s calm demeanour, his straightforward and personable approach and his common-sense advice on competition and foreign investment matters.

Mark is actively involved in the Canadian and American Bar Associations and writes and speaks frequently on Canadian competition and foreign investment review laws.

Medtronic plc

Acted as Canadian counsel to Medtronic plc on competition and regulatory matters in the US$6.1-billion acquisition of its patient care, deep vein thrombosis and nutritional insufficiency business by Cardinal Health.

Claridge Inc.

Acted for Claridge Inc. in connection with its sale to C.H. Guenther & Son, Inc. of Les Plats du Chef, a Canada-based frozen meal and snack business.

KIK Custom Products Inc.

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

Reckitt Benckiser

Acted as Canadian counsel to Reckitt Benckiser, a global consumer health and hygiene company, on competition and regulatory matters in connection with its US$17.9-billion acquisition of U.S.-listed Mead Johnson Nutrition Company, a global leader in pediatric nutrition.

TIO Networks Corp.

Acted for the Special Committee of the board of directors of TIO Networks Corp., in connection with its $304-million acquisition by PayPal Holdings, Inc. TIO is a North American cloud-based multi-channel bill payment processing and receivables management company.

The Sherwin-Williams Company

Acted as Canadian counsel to The Sherwin-Williams Company on competition and regulatory matters in connection with its US$11.3-billion acquisition of The Valspar Corporation.

Joy Global Inc.

Acted for Joy Global Inc. in connection with its proposed acquisition by Komatsu Ltd. in a transaction valued at approximately $3.7 billion.

Vista Equity Partners III, LLC

Acted for Vista Equity Partners portfolio companies in connection with (i) an acquisition by Aptean, a leading provider of enterprise software solutions and a Vista Equity portfolio company, of the Government & Enterprise Management Solutions Division from StarDyne Technologies Inc.; and (ii) an acquisition by PowerSchool Group LLC, the leading education technology platform for K-12 and another Vista Equity portfolio company, of the SRB Education Solutions Division of StarDyne Technologies Inc.

PPG Canada Inc.

Acted for PPG Industries in connection with its agreement to sell the assets of its flat glass manufacturing and glass coating operations to Vitro S.A.B. de C.V., a leading producer of flat glass and specialty products, for approximately US$750 million in gross cash proceeds.

DAK Americas LLC

Acted for DAK Americas LLC, a producer of PET (polyethylene terephthalate) resins, in connection with its acquisition of a controlling interest in Selenis Canada from IMG Group. Selenis Canada operates a PET plant in Montréal.

Amcor Rigid Plastics USA, Inc.

Acted for Amcor Rigid Plastics USA, Inc. in connection with its US$280-million acquisition of the North American rigid plastics blow molding operations of Sonoco Products Company, a global packaging company based in the United States.

Canada Pension Plan Investment Board

Acted for the Canada Pension Plan Investment Board (CPPIB) in its $1.175-billion acquisition of a 50% interest in Canadian office portfolio from Oxford Properties Group (Oxford). Oxford will continue to manage the properties on behalf of the partnership. The transaction brings the total size of the jointly owned Oxford-CPPIB office portfolio to over 12 million square feet.

Communauto Inc.

Acted for Communauto Inc., one of the largest car-sharing services in the world, in connection with an investment by Automobiles Peugeot and MKB Partners Fund.

Peds Legwear Inc.

Acted for Peds Legwear Inc. in connection with its acquisition by Gildan Activewear Inc., for an acquisition cost of US$55 million.

Export-Import Bank of China

Acting for the Export-Import Bank of China in connection with the financing of the acquisition of Alter NRG Corp. by Harvest International New Energy, Co., Ltd.

New Look Vision Group Inc.

Acted for New Look Vision Group Inc. in connection with its acquisition of retail optical outlets.

Amcor Limited

Acted for Amcor Limited in connection with its acquisition of Alusa, a leading flexible packaging business in South America, with operations in Chile, Argentina, Peru and Colombia.

La Coop fédérée

Acted for La Coop fédérée in connection with the combination of its Sonic division with Groupe Filgo for the purpose of merging their energy products distribution activities and their service stations operations.

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.

Royal Greenland Seafood A/S

Acted for Royal Greenland Seafood A/S in connection with its investment in Canadian seafood producer Quin-Sea Fisheries Limited.

Media Experts M.H.S. Inc.

Acted for the shareholders of Media Experts M.H.S. Inc. in connection with a sale of a majority interest to Interpublic Group of Companies Canada, Inc.

Locemia Solutions ULC

Acted for Locemia Solutions ULC in connection with the acquisition by Eli Lilly and Company of substantially all of Locemia's assets associated with the research and commercialization of the first needle-free rescue treatment of severe hypoglycemia.

Felda Global Ventures Holdings Sdn. Bhd.

Acted for Malaysia's Felda Global Ventures Holdings Sdn. Bhd., one of the largest palm plantation operators in the world, in its sale of eastern Canada's largest oilseed processing plant to Viterra Inc. for $190 million.

The MANN+HUMMEL Group

Acted as Canadian counsel to The MANN+HUMMEL Group of Ludwigsburg, Germany, in connection with its acquisition of the global filtration operations (excluding the South American operations) of Affinia Group for a purchase price of approximately US$1.335 billion (US$513 million for the equity and the assumption of US$822 million of debt).

PSP Investments

Acted for the Public Sector Pension Investment Board (PSP Investments) in connection with the sale of a portfolio of real estate assets by joint ventures between affiliates of PSP Investments and affiliates of Starlight Investments to Northern Property Real Estate Investment Trust (NPR) concurrently with NPR's acquisition of True North Apartment Real Estate Investment Trust by way of plan of arrangement to form Northview Apartment Real Estate Investment Trust, which has an enterprise value in excess of $3 billion and is the third-largest publicly-traded multi-family REIT in Canada.

Grafton-Fraser Inc.

Acted for Grafton-Fraser Inc., the owner and operator of Tip Top Tailors, in its acquisition, through a wholly owned subsidiary, of the Canadian retail assets of Jones Apparel (Canada) Ltd., a women's apparel retailer of the Jones New York brand.

United Technologies Corporation (UTC)

Acted as Canadian counsel to United Technologies Corporation (UTC) on competition and regulatory matters in connection with the US$9-billion sale of Sikorsky Aircraft Corporation to Lockheed Martin Corporation.

Tippmann US Holdco, Inc. (part of the G.I. Sportz Group)

Acted for G.I. Sportz Inc. in connection with the acquisition of Kee Action Sports, a leading manufacturer and distributor of paintball sporting goods, equipment and apparel, based in New Jersey with distribution facilities located across the United States, Canada and the United Kingdom.

Stericyle Inc.

Acted as Canadian counsel for Stericycle, Inc. in its acquisition of Shred-it International, a global secure information destruction services provider, for US$2.3 billion in cash.

Canada Pension Plan Investment Board (CPPIB)

Acted for the Canada Pension Plan Investment Board (CPPIB) in the $105-million acquisition from Minto Properties Inc. of an undivided 60% ownership interest in Minto High Park Village, a multifamily rental property comprising three apartment buildings and approximately 750 rental units. Minto will continue to own an undivided 40% interest in the property and will continue to oversee management and leasing on behalf of the co-owners. This transaction marks CPPIB's first direct investment in the Canadian multifamily real estate market.

Zoom Media Group Inc.

Acted for Zoom Media Group Inc. in the sale of its non-fitness indoor advertising business (consisting of campus, fashion, business, medical and golf networks) to Newad Media Inc. and in the acquisition of Newad Media Inc.'s fitness indoor advertising business.

Frutarom Industries Ltd.

Acted for Frutarom Industries Ltd., one of the world's 10 largest companies operating in the global flavours and fine ingredients markets, in connection with its acquisition of substantially all of the shares of Investissements BSA Inc., a developer, manufacturer and distributor of spices and seasoning blends, with a particular focus on the areas of processed meats and convenience foods, for $42,750,000.

H.J. Heinz Company

Acted for H.J. Heinz Company with respect to Canadian regulatory matters in connection with its acquisition of Kraft Foods Group, Inc., to create one of the world's largest food and beverage companies with combined sales of approximately US$28 billion.

Endo International plc

Acted for Endo International plc in connection with its US$2.6 billion acquisition of Auxilium Pharmaceuticals Inc.

Vision 7 International ULC

Acted for Vision 7 International ULC, a fully integrated marketing communications company, whose two major brands include Canadian marketing communication agency leader Cossette and the international PR firm Citizen Relations, in connection with its acquisition by BlueFocus Communication Group Co., Ltd., the No. 1 integrated communication and marketing services group in China.

Covidien Plc

Acted as Canadian counsel to Covidien plc on competition and other regulatory matters in its acquisition by Medtronic, Inc. for approximately US$49.9 billion.

Selex Sistemi Integrati S.P.A.

Acted for Selex ES Ltd in connection with its acquisition of TTI Tactical Technologies Inc., a developer and service provider of electronic warfare simulation software for the international electronic warfare market.

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).

Fortress Investment Group, LLC and Holiday Retirement

Acted for Fortress Investment Group, LLC and Holiday Retirement in connection with the sale of 29 Canadian senior living communities to Ventas, Inc.

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.

McCain Foods

Acted for McCain Foods on the sale of its North American frozen pizza business to Dr. Oetker.

TransMontaigne Inc.

Acted as Canadian counsel for TransMontaigne Inc., a US oil pipeline and terminal company, in connection with the sale of Canterm Canadian Terminals Inc., a company with two distribution terminals for the storage and handling of refined products in Montréal and Québec City, to Royal Vopak, the world's largest independent liquid bulk tank storage service by capacity.

WSP Global Inc.

Acted for WSP Global Inc., a publicly traded global professional engineering services firm based in Montréal, Québec, in connection with its entering into of an arrangement agreement regarding the acquisition of all of the issued and outstanding shares of Focus Group Holding Inc., a multi-disciplinary engineering and consulting firm based in Alberta principally serving oil, gas and civil markets in Western Canada, for an aggregate purchase price of $366,050,000.

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.

Paladin Labs Inc.

Acted for Paladin Labs Inc. in connection with its acquisition by Endo Health Solutions Inc. in a stock and cash transaction valued at approximately $3 billion.

Canada Pension Plan Investment Board

Acted for the Canada Pension Plan Investment Board in connection with the sale to Ivanhoé Cambridge of a 50% interest in Carrefour de l'Estrie shopping centre located in Sherbrooke, Québec, which is the largest shopping centre in Québec's Eastern Townships region, and the resulting joint venture.

Rainy River Resources Ltd.

Acted as Ontario counsel to Rainy River Resources Ltd. in the acquisition by New Gold Inc. of Rainy River for $310 million.

Canada Pension Plan Investment Board

Acted for the Canada Pension Plan Investment Board in connection with a 50/50 Canadian retail joint venture with Oxford Properties Group. As part of the transaction, CPPIB acquired a 50% interest in the approximately 1 million square foot Upper Canada Mall, in Ontario, from Oxford Properties Group, and Oxford Properties Group acquired a 50% interest in the 1.5 million square foot Les Galeries de la Capitale shopping centre, in Québec, from CPPIB.

Commerz Real Investmentgesellschaft mbH

Acted for Commerz Real Investmentgesellschaft mbH in connection with its sale of its 50% interest in four prominent shopping centres located in Canada to Ivanhoe Cambridge Inc. for $508 million.

IMC International Metalworking Companies B.V.

Acted as Canadian counsel to IMC International Metalworking Companies B.V. in connection with its contemplated strategic arrangement with Woulfe Mining Corporation and its 100%-owned tungsten/molybdenum South Korean subsidiary, Sangdong Mining Corporation.

Dassault Systèmes S.A.

Acted for Dassault Systèmes S.A. in connection with its acquisition of the shares of Gemcom Software International Inc., a geological modeling and simulation company which is a world leader in mining industry software solutions with operations in 13 jurisdictions around the world, for approximately US$360 million.

Hebei Iron & Steel Group Co., Ltd.

Acted for Hebei Iron & Steel Group Co., Ltd. in connection with its strategic investment in Alderon Iron Ore Corp. and its Kami iron ore project.

Watsco, Inc.

Acted for Watsco, Inc. in its acquisition of 60% of Carrier's $330 million Canadian heating, ventilation and air conditioning distribution network in Canada, to form a joint venture with UTC Climate, Controls & Security, a unit of United Technologies Corp., under the name Carrier Enterprise Canada.

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.

Twin Rivers Technologies - Entreprises de Transformation de Graines Oléagineuses du Québec Inc.

Acted for Twin Rivers Technologies - Entreprises de Transformation de Graines Oléagineuses du Québec Inc., a subsidiary of Felda Global Ventures Holdings Sdn Bhd of Malaysia, in connection with its joint venture with Bunge North America to create Bunge ETGO L.P.

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.

Minmetals Resources Limited

Acted for Minmetals Resources Limited in connection with its $1.33-billion acquisition of Anvil Mining Limited.

Agnico Eagle Mines Limited

Acted for Agnico Eagle Mines Limited in connection with the acquisition of Grayd Resource Corporation by way of takeover bid for $275 million.

Bird Construction Inc.

Acted for Bird Construction Inc. in connection with its $78 million acquisition of all outstanding shares of H.J. O'Connell, Limited, a construction company with operations in Newfoundland and Labrador, Québec and Manitoba.

Minmetals Exploration & Development (Luxembourg) Limited S.a.r.l.

Acted for Minmetals Exploration & Development (Luxembourg) Limited S.a.r.l. in connection with its acquisition, on a private placement basis, of 5% of the issued and outstanding shares of Century Iron Mines Corporation (formerly Red Rock Capital Corp.). In connection with the acquisition of shares, Davies also acted for Minmetals in respect of the material terms of an Offtake Agreement to be entered into between Minmetals and Century providing for the purchase by Minmetals of iron ore produced from Century's Duncan Lake Property.

Eurocopter Holding SAS

Acted for Eurocopter Holding SAS, a subsidiary of European Aeronautic Defence and Space Company EADS N.V., in connection with its acquisition of Vector Aerospace Corporation in a transaction valued at $635 million by way of a takeover bid.

AbitibiBowater Inc.

Acted for AbitibiBowater Inc. (now known as Resolute Forest Products) in connection with the sale of its 75% indirect interest in ACH Limited Partnership, which owns 8 hydroelectric generating facilities in Ontario, in a transaction valued at $640 million.

Canpages Inc.

Acted for Canpages Inc., a local search and directories publisher in Canada, in an acquisition by Yellow Media Inc. from an investor group led by private equity firm HM Capital Partners, in a deal valued at $225 million.

Amcor Limited

Acted for Amcor Limited in its acquisition of Alcan Packaging operations from Rio Tinto plc in 31 countries for approximately US$2 billion. The acquisition enhances Amcor's position as one of the world's leading packaging companies.

Time Inc.

Acted as Canadian counsel for Time Inc. in its acquisition of QSP, Inc., in the United States, and Quality Service Products Inc., in Canada, from The Readers Digest Association Inc. in a transaction valued at US$110 million.

Amcor Limited

Acted for Amcor Limited in the sale of its polyethylene terephthalate (PET) packaging operation in six countries in Europe to La Seda de Barcelona S.A. in a transaction valued at 430 million euros.

Barrick Gold Corporation

Acted for Barrick Gold Corporation in its pre-bid agreement with Goldcorp Inc. to dispose of certain assets acquired by Barrick in its takeover bid for Placer Dome Inc. and in the subsequent disposition of US$1.6 billion of assets to Goldcorp.

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.

Abitibi-Consolidated Inc.

Acted for Abitibi-Consolidated Inc. (now known as Resolute Forest Products) in connection with the sale of its shares in PanAsia Paper Company Pte Ltd. to Norske Skog in a transaction valued at US$600 million.

Article

The Cartels and Leniency Review: Canada

Jan. 31, 2017 - The Competition Act (Act) is Canada’s key antitrust legislation. The stated purpose of the Act is to maintain and encourage competition in Canada to promote the efficiency and adaptability of the Canadian economy. Within this federal legislation are provisions dealing with reviewable...

Bulletin

Compliance Alert: Competition Law Issues for HR Professionals in Canada

Dec. 21, 2016 - On October 20, 2016, the United States Federal Trade Commission and the Antitrust Division of the U.S. Department of Justice jointly issued special compliance guidelines (HR Guidelines) 1 for human resource (HR) professionals and others involved in hiring and compensation decisions. The HR...

Article

What Does CETA Mean for EU and Canadian Competition Policy?

Dec. 13, 2016 - With the Comprehensive Economic and Trade Agreement (CETA) having finally been signed by the EU and Canada on October 30, 2016, it’s worth exploring what it says about competition law and policy and how it may impact these issues on both sides of the Atlantic. Read more on What Does CETA Mean for EU...

Bulletin

Canada Lowers the Wall to Foreign Investment

Nov. 11, 2016 - At a time when trade globalization is attracting new controversy, the Canadian government has taken steps to encourage increased foreign investment in Canada. These measures promise a more attractive and welcoming foreign investment climate. First, the Canadian government has announced that one of...

Article

Competition Law Considerations for the Franchise Industry in Canada

Oct. 22, 2016 - The Canadian franchise industry constitutes an important sector of the Canadian economy. The industry employs one in every 35 Canadian, generates approximately C$68 billion in revenues, and covers a wide variety of businesses (60% of franchisees are in non-food sectors and industries. )Franchising...

Article

Chemical Reaction: Canada and United States Differ on Industrial Review

Aug. 03, 2016 - Over the years, Canada’s Competition Bureau (Bureau) has developed a close working relationship with its counterpart agencies in the United States, the Federal Trade Commission (FTC) and the Antitrust Division of the U.S. Department of Justice (DOJ) as agency coordination can lead to consistent...

Article

Canada’s Integrity Regime

July 05, 2016 - The integrity regime (then known as the integrity framework) was first adopted in November 2012, in response to the July 2012 conviction of a supplier of real estate advisory services for bid-rigging on a federal government contract. The regime has gone through several iterations since then with...

Article

Canada, Competition and FinTech: A Review

June 29, 2016 - On May 19, 2016, Canada’s Competition Bureau (Bureau) announced that it is launching a “market study” into technology-led innovation in the Canadian financial services sector, also referred to as “FinTech. ” The Bureau’s study will focus on how innovation is affecting the way consumers and...

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 and Foreign Investment Review

The Canadian Legal Lexpert Directory—Competition Law

The Best Lawyers in Canada—Competition/Antitrust Law

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

Expert Guides—Competition and Antitrust

Bar Admissions

Ontario, 1989

Education

Osgoode Hall Law School, LLB, 1987
McGill University, BA, 1984

Professional Affiliations

American Bar Association
Canadian Bar Association

Community Involvement

American Bar Association, Section of Antitrust Law, Trade, Sports and Professional Associations Committee, former vice-chair
American Bar Association, Section of International Law, International Antitrust law Committee, former co-chair
Avenue Road Hockey Association
Camp Massad of Québec
Israel Guide Dog Centre for the Blind

Teaching Engagements

Mark was a co-lecturer for Federated Press’s 5th Negotiating and Drafting International Business Agreements course and the Conducting Regulatory Investigations course.