“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.
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.
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...
In the News
Mark Katz Talks to Global Competition Review About Bureau’s Decision to Drop Criminal Cartel Probe
Jan. 14, 2021 - Following the Bureau’s recent move to drop its criminal cartel investigation against Postmedia and Torstar, Davies partner Mark Katz spoke to Global Competition Review about the decision. In the article (available to subscribers), Mark said it’s positive that the Bureau has decided not to...
Canadian Government Blocks Foreign Acquisition of Canadian Gold Miner on National Security Grounds
Jan. 08, 2021 - The Canadian government has exercised its authority under the national security provisions of the Investment Canada Act (ICA) to prohibit Shandong Gold Mining Co., Ltd. (Shandong), a Chinese state-owned enterprise (SOE), from acquiring Canadian gold producer TMAC Resources Inc. (TMAC). ...
Main Developments in Competition Law and Policy 2020: Canada, co-author
Jan. 06, 2021 - Kluwer Competition Law Blog (Wolters Kluwer)
Read the 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.
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...
Cartel Leniency in Canada: Overview, co-author
Nov. 01, 2020 - Practical Law – Cartel Leniency Global Guide (Thomson Reuters)
Download the article.
Are You Prepared for a Search?
Oct. 23, 2020 - The Competition Act provides the Commissioner of Competition with a number of powerful investigative tools in respect of both criminal and civil matters, including the power to obtain and execute search warrants that allow Competition Bureau officers to enter premises and to seize...
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
In the News
Mark Katz Reacts to Canada’s Maintenance of Pre-Merger Threshold in Interview with Global Competition Review
Apr. 07, 2020 - After the Competition Bureau’s announcement last week that the pre-merger notification threshold will remain the same as last year, Global Competition Review asked Mark Katz for his thoughts on the decision. “Although technically the Minister can decide not to follow that formula [set out...
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