Mark C. Katz

Partner

Mark C. Katz

Mark C. Katz

Partner

“An excellent lawyer at the top of the game. Very highly regarded…He’s very much in the spotlight.”
Chambers Global 2019

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 excellent lawyer at the top of the game. Very highly regarded…He’s very much in the spotlight.”
Chambers Global 2019

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.

Medline Industries, Inc.

Acting as Canadian regulatory counsel to Medline Industries, Inc., the largest U.S.-based privately held manufacturer and distributor of healthcare supplies with 2020 revenue of US$17.5 billion, in an investment by a private equity consortium comprising funds managed by Blackstone, Carlyle and Hellman & Friedman.

Grimco Canada, Inc

Acted for Grimco Canada, Inc., a national wholesale sign supply manufacturer and distributor, in its acquisition of Cobalt Graphics Distribution, a division of Cansel Survey Equipment, Inc.

Kansas City Southern

Acting as Canadian counsel to Kansas City Southern in its transformative US$33.6-billion merger with Canadian National Railway to create the premier railway for the 21st century.

Bentley Systems, Incorporated

Acting for Bentley Systems, Incorporated, in its acquisition of Seequent Holdings Limited, a global leader in 3D modelling software for the geosciences, for US$1.05 billion.

WESCO International Inc.

Acted for WESCO International Inc. in the sale of its legacy WESCO Datacom business in Canada to Guillevin International, a Canadian distributor of industrial products. This transaction fulfilled WESCO's commitment under its consent agreement entered into with the Canadian Competition Bureau as a condition for the latter's approval to WESCO's US$4.5-billion merger with Anixter International. Davies was Canadian competition counsel to WESCO in the Anixter transaction.

Alexion Pharmaceuticals Inc.

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

WESCO International Inc.

Acted for WESCO International Inc. in the sale of its legacy WESCO Utility business in Canada to Rexel Canada, a wholly owned subsidiary of France's Rexel Group. This transaction fulfilled one of the commitments under WESCO's consent agreement entered into with the Canadian Competition Bureau as a condition for the latter's approval to WESCO's US$4.5-billion merger with Anixter International. Davies was Canadian competition counsel to WESCO in the Anixter transaction.

S&P Global Inc.

Acting for S&P Global Inc. on Canadian regulatory matters in connection with its $44-billion all-stock merger with IHS Markit.

Tryg A/S

Acting as Canadian counsel to Tryg A/S in connection with its £7.2 billion joint bid with Intact Financial Corporation to acquire RSA Insurance Group plc.

Foundation Building Materials, Inc. and Lone Star Funds

Acted for Foundation Building Materials, Inc. (FBM) and Lone Star Funds (LSF) in the US$1.37-billion acquisition of all outstanding FBM shares by an affiliate of American Securities LLC.

Article

The Dangers of No-Poaching and Other Agreements Between Employers

Mar. 02, 2021 - In this article, originally published in Human Resources Director Canada, Davies partners Mark Katz and Anita Banicevic discuss the anticompetitive risks of no-poaching, wage-fixing and other agreements between employers, and point out the key takeaways for HR professionals. Read the...

Article

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

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

Article

Canadian Competition Bureau Issues Guidance on “No-Poach” and other “Buy-Side” Employment Agreements Between Competitors, co-author

Dec. 04, 2020 - Kluwer Competition Law Blog (Wolters Kluwer)
Download the article.

Article

Canada Merger Control

Nov. 26, 2020 - In this article published in Lexis PSL, Davies partner Mark Katz offers an overview of Canada’s merger control regime under the Competition Act and Investment Canada Act, and answers key questions of importance to parties and investors, including the government’s response to the...

Article

Cartel Leniency in Canada: Overview, co-author

Nov. 01, 2020 - Practical Law – Cartel Leniency Global Guide (Thomson Reuters)
Download the article.

Speaking Engagement

American Bar Association, International Law Section, 2020 Virtual Annual Meeting, “Antitrust in 2020 and Beyond: Is It Up to the Task?”; Webcast

June 10, 2020

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

Lexpert Special Edition: Finance and M&A

The Canadian Legal Lexpert Directory—Competition Law

The Best Lawyers in Canada—Advertising and Marketing Law; Competition and Antitrust Law

Who’s Who Legal: Canada—Competition; Who’s Who Legal: Competition; Who’s Who Legal Thought Leaders—Competition

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.

“An excellent lawyer at the top of the game. Very highly regarded…He’s very much in the spotlight.”
Chambers Global 2019

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.

Medline Industries, Inc.

Acting as Canadian regulatory counsel to Medline Industries, Inc., the largest U.S.-based privately held manufacturer and distributor of healthcare supplies with 2020 revenue of US$17.5 billion, in an investment by a private equity consortium comprising funds managed by Blackstone, Carlyle and Hellman & Friedman.

Grimco Canada, Inc

Acted for Grimco Canada, Inc., a national wholesale sign supply manufacturer and distributor, in its acquisition of Cobalt Graphics Distribution, a division of Cansel Survey Equipment, Inc.

Kansas City Southern

Acting as Canadian counsel to Kansas City Southern in its transformative US$33.6-billion merger with Canadian National Railway to create the premier railway for the 21st century.

Bentley Systems, Incorporated

Acting for Bentley Systems, Incorporated, in its acquisition of Seequent Holdings Limited, a global leader in 3D modelling software for the geosciences, for US$1.05 billion.

WESCO International Inc.

Acted for WESCO International Inc. in the sale of its legacy WESCO Datacom business in Canada to Guillevin International, a Canadian distributor of industrial products. This transaction fulfilled WESCO's commitment under its consent agreement entered into with the Canadian Competition Bureau as a condition for the latter's approval to WESCO's US$4.5-billion merger with Anixter International. Davies was Canadian competition counsel to WESCO in the Anixter transaction.

Alexion Pharmaceuticals Inc.

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

WESCO International Inc.

Acted for WESCO International Inc. in the sale of its legacy WESCO Utility business in Canada to Rexel Canada, a wholly owned subsidiary of France's Rexel Group. This transaction fulfilled one of the commitments under WESCO's consent agreement entered into with the Canadian Competition Bureau as a condition for the latter's approval to WESCO's US$4.5-billion merger with Anixter International. Davies was Canadian competition counsel to WESCO in the Anixter transaction.

S&P Global Inc.

Acting for S&P Global Inc. on Canadian regulatory matters in connection with its $44-billion all-stock merger with IHS Markit.

Tryg A/S

Acting as Canadian counsel to Tryg A/S in connection with its £7.2 billion joint bid with Intact Financial Corporation to acquire RSA Insurance Group plc.

Foundation Building Materials, Inc. and Lone Star Funds

Acted for Foundation Building Materials, Inc. (FBM) and Lone Star Funds (LSF) in the US$1.37-billion acquisition of all outstanding FBM shares by an affiliate of American Securities LLC.

Article

The Dangers of No-Poaching and Other Agreements Between Employers

Mar. 02, 2021 - In this article, originally published in Human Resources Director Canada, Davies partners Mark Katz and Anita Banicevic discuss the anticompetitive risks of no-poaching, wage-fixing and other agreements between employers, and point out the key takeaways for HR professionals. Read the...

Article

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

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

Article

Canadian Competition Bureau Issues Guidance on “No-Poach” and other “Buy-Side” Employment Agreements Between Competitors, co-author

Dec. 04, 2020 - Kluwer Competition Law Blog (Wolters Kluwer)
Download the article.

Article

Canada Merger Control

Nov. 26, 2020 - In this article published in Lexis PSL, Davies partner Mark Katz offers an overview of Canada’s merger control regime under the Competition Act and Investment Canada Act, and answers key questions of importance to parties and investors, including the government’s response to the...

Article

Cartel Leniency in Canada: Overview, co-author

Nov. 01, 2020 - Practical Law – Cartel Leniency Global Guide (Thomson Reuters)
Download the article.

Speaking Engagement

American Bar Association, International Law Section, 2020 Virtual Annual Meeting, “Antitrust in 2020 and Beyond: Is It Up to the Task?”; Webcast

June 10, 2020

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

Lexpert Special Edition: Finance and M&A

The Canadian Legal Lexpert Directory—Competition Law

The Best Lawyers in Canada—Advertising and Marketing Law; Competition and Antitrust Law

Who’s Who Legal: Canada—Competition; Who’s Who Legal: Competition; Who’s Who Legal Thought Leaders—Competition

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.