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.

Kansas City Southern

Acting as Canadian counsel to Kansas City Southern in its transformative US$25-billion merger with Canada Pacific Railway to create the first U.S.-Mexico-Canada rail network.

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.

Xplornet Communications Inc.

Acted for Xplornet Communications Inc., a portfolio company of Stonepeak Infrastructure Partners and Canada's leading rural broadband provider, in its acquisition of Corridor Communications Inc., which operates CCI Wireless., a provider of broadband solutions to rural homes in Alberta, along with enterprise clients across western Canada.

Meggitt plc

Acted as Canadian counsel to Meggitt PLC, a U.K.-listed maker of components and sub-systems for the aerospace, defence and selected energy markets, in the US$146-million sale of its U.S. subsidiary, Meggitt Training Systems, to private equity firm Pine Island Capital Partners LLC.

McCain Foods Limited

Acted for McCain Foods Limited in its $70-million acquisition of Hillspring Farms Ltd., a Canadian farmer of potatoes, through a quick-flip sale in a receivership.

WESCO International, Inc.

Acted as Canadian competition counsel to WESCO International, Inc., a Pennsylvania-based distributor of electrical, industrial, and communications products, in its US$4.5-billion acquisition of Anixter International Inc.

Xplornet Communications Inc.

Acted for Xplornet Communications Inc., Canada's largest rural-focused broadband service provider, in its sale to Stonepeak Infrastructure Partners.

Driven Brands Inc.

Acted for Roark Capital-backed Driven Brands Inc. in its acquisition of Clairus Canada Group, a major automotive parts, windshield repair and claims management business based in Québec.

Total System Services Inc. (TSYS)

Acted for Total System Services Inc. (TSYS), a leading global payments provider, on competition matters related to its US$26-billion merger of equals with Global Payments Inc., to create a global technology-enabled payments company.

Return Path, Inc.

Acted for Return Path, an email deliverability firm, in the sale of its business to Validity, a specialist in customer data management.

Minto Apartment Real Estate Investment Trust

Acted for Minto Apartment Real Estate Investment Trust (REIT) in the $268-million acquisition from Rockhill Apartments Inc. of a multi-residential rental property comprising 1,004 suites in Montréal, Québec. The REIT, which co-acquired the property with Investors Real Property Fund, is the asset and property manager for the co-tenancy and is earning fees for these services.

Celgene Corporation

Acted for Celgene Corporation, an integrated global biopharmaceutical company, on competition matters related to its US$74-billion sale to Bristol-Myers Squibb Company.

TransDigm Group Incorporated

Acted for TransDigm Group Incorporated, a global aerospace components manufacturer, on competition matters related to its US$4-billion acquisition of Esterline Technologies Corporation.

Cooper-Standard Automotive Inc.

Acted for Cooper-Standard Automotive Inc. on competition matters in the US$265.5-million sale of its anti-vibration unit to Continental AG, a German automotive manufacturing company.

BASF SE

Acted for BASF SE on competition matters in the merger of its paper and water chemicals business with Solenis LLC to create a global specialty chemical company.

RELX Group plc

Acted for an affiliate of Elsevier, part of the RELX Group, a global provider of information and analytics for professional and business customers across industries, in its acquisition of Science-Metrix Inc., which specializes in research evaluation and bibliometric analysis.

Bentley Systems, Incorporated

Acted for Bentley Systems, Incorporated, a leading global provider of comprehensive infrastructure software solutions, in its acquisition of AIworx Inc., a Québec City based provider of machine learning and Internet of Things technologies and services.

PelicanCorp Pty Ltd.

Acted as counsel to Australia-based PelicanCorp in its acquisition of TelDig Inc., a Québec-based provider of damage-prevention software solutions doing business across Canada and the United States.

Vista Equity Partners III LLC

Acted for Vista Equity Partners in the carve-out sale of the vertical business applications group of its Aptean portfolio companies to a subsidiary of ESW Capital, LLC.

CHAMP Private Equity Pty. Limited

Acted as Canadian counsel for CHAMP Private Equity Pty. Limited in its acquisition of Cell Care and its subsidiary Insception Biosciences Inc., a consumer health company with operations across Australia and Canada that collects, processes and stores umbilical cord stem cells.

JAM Industries Ltd.

Acted for the shareholders of JAM Industries Ltd. in the sale of its majority interest to DCC Technology Holdings Canada Inc., a subsidiary of DCC plc.

Vista Equity Partners III, LLC

Acted for Vista Equity Partners in the carve-out by its portfolio company, Aptean, Inc., of its public sector and healthcare business and the merger of that business with Superion, LLC, and TriTech Software Systems Inc. to form one of the largest conglomerates focused specifically on state and local governments in North America.

Michelin Group

Acted for the Michelin Group in its acquisition of Camso Inc., one of the global leaders in the design, manufacturing and distribution of off-road tires, wheels, tracks and conveyer belts, for a purchase price of US$1.7 billion. Camso has facilities in more than 25 jurisdictions world-wide.

Prysmian SpA

Acted for Prysmian SpA on competition and regulatory matters in its $1.5 billion acquisition of General Cable Corporation.

Agnico Eagle Mines Limited

Acted for Agnico Eagle Mines Limited in its acquisition of all of the exploration assets of Canadian Malartic Corporation, including the Kirkland Lake and Hammond Reef projects, for an aggregate purchase price of US$325 million.

Brio Gold Inc.

Acted for Brio Gold Inc. in the US$264-million acquisition by Leagold Mining Corporation for all of the issued and outstanding shares of Brio Gold.

Safran SA

Acted for Safran SA on competition matters in its $8.7 billion takeover of Zodiac Aerospace.

CVC Capital Partners

Acted for CVC Capital Partners on competition and regulatory matters in its $3.9 billion co-acquisition with Blackstone of Paysafe Group.

WestRock Company

Acted for WestRock Company on competition and regulatory matters in its $1.39 billion acquisition of Multipackaging Solutions International Ltd.

Whole Foods Market Inc.

Acted for Whole Foods Market Inc. on competition and regulatory matters in its $13.7-billion acquisition by Amazon.com Inc.

Airbus SE

Acted as co-counsel to Airbus SE, a European leader providing tanker, combat and transport aircraft, as well as a global leader in aeronautic, space and related services, in its divestiture of Vector Aerospace Holding SAS to StandardAero Aviation Holdings, Inc.

Xplornet Communications Inc.

Acted for Xplornet Communications Inc. in its acquisition of the fixed wireless Internet access business of I-Netlink Incorporated and Manitoba Netset Ltd., operating in the provinces of Manitoba and Saskatchewan as NetSet Communications.

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 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. on competition and regulatory matters in 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, Inc., 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 Industries 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.

Central National-Gottesman Inc.

Acted for Central National-Gottesman Inc., a global distributor of pulp, paper and forestry products, and its subsidiary Spicers Canada ULC in connection with the acquisition of the assets and business of Spicers Canada Limited, a distributor of fine paper, sign and display media, industrial packaging and graphic arts supplies, headquartered in Vaughan, Ontario and with locations across Canada, and the related financing with Bank of America, N.A. (Canada branch), as agent.

Endo International plc

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

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.

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.

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 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.

Bulletin

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...

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

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.

Kansas City Southern

Acting as Canadian counsel to Kansas City Southern in its transformative US$25-billion merger with Canada Pacific Railway to create the first U.S.-Mexico-Canada rail network.

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.

Xplornet Communications Inc.

Acted for Xplornet Communications Inc., a portfolio company of Stonepeak Infrastructure Partners and Canada's leading rural broadband provider, in its acquisition of Corridor Communications Inc., which operates CCI Wireless., a provider of broadband solutions to rural homes in Alberta, along with enterprise clients across western Canada.

Meggitt plc

Acted as Canadian counsel to Meggitt PLC, a U.K.-listed maker of components and sub-systems for the aerospace, defence and selected energy markets, in the US$146-million sale of its U.S. subsidiary, Meggitt Training Systems, to private equity firm Pine Island Capital Partners LLC.

McCain Foods Limited

Acted for McCain Foods Limited in its $70-million acquisition of Hillspring Farms Ltd., a Canadian farmer of potatoes, through a quick-flip sale in a receivership.

WESCO International, Inc.

Acted as Canadian competition counsel to WESCO International, Inc., a Pennsylvania-based distributor of electrical, industrial, and communications products, in its US$4.5-billion acquisition of Anixter International Inc.

Xplornet Communications Inc.

Acted for Xplornet Communications Inc., Canada's largest rural-focused broadband service provider, in its sale to Stonepeak Infrastructure Partners.

Driven Brands Inc.

Acted for Roark Capital-backed Driven Brands Inc. in its acquisition of Clairus Canada Group, a major automotive parts, windshield repair and claims management business based in Québec.

Total System Services Inc. (TSYS)

Acted for Total System Services Inc. (TSYS), a leading global payments provider, on competition matters related to its US$26-billion merger of equals with Global Payments Inc., to create a global technology-enabled payments company.

Return Path, Inc.

Acted for Return Path, an email deliverability firm, in the sale of its business to Validity, a specialist in customer data management.

Minto Apartment Real Estate Investment Trust

Acted for Minto Apartment Real Estate Investment Trust (REIT) in the $268-million acquisition from Rockhill Apartments Inc. of a multi-residential rental property comprising 1,004 suites in Montréal, Québec. The REIT, which co-acquired the property with Investors Real Property Fund, is the asset and property manager for the co-tenancy and is earning fees for these services.

Celgene Corporation

Acted for Celgene Corporation, an integrated global biopharmaceutical company, on competition matters related to its US$74-billion sale to Bristol-Myers Squibb Company.

TransDigm Group Incorporated

Acted for TransDigm Group Incorporated, a global aerospace components manufacturer, on competition matters related to its US$4-billion acquisition of Esterline Technologies Corporation.

Cooper-Standard Automotive Inc.

Acted for Cooper-Standard Automotive Inc. on competition matters in the US$265.5-million sale of its anti-vibration unit to Continental AG, a German automotive manufacturing company.

BASF SE

Acted for BASF SE on competition matters in the merger of its paper and water chemicals business with Solenis LLC to create a global specialty chemical company.

RELX Group plc

Acted for an affiliate of Elsevier, part of the RELX Group, a global provider of information and analytics for professional and business customers across industries, in its acquisition of Science-Metrix Inc., which specializes in research evaluation and bibliometric analysis.

Bentley Systems, Incorporated

Acted for Bentley Systems, Incorporated, a leading global provider of comprehensive infrastructure software solutions, in its acquisition of AIworx Inc., a Québec City based provider of machine learning and Internet of Things technologies and services.

PelicanCorp Pty Ltd.

Acted as counsel to Australia-based PelicanCorp in its acquisition of TelDig Inc., a Québec-based provider of damage-prevention software solutions doing business across Canada and the United States.

Vista Equity Partners III LLC

Acted for Vista Equity Partners in the carve-out sale of the vertical business applications group of its Aptean portfolio companies to a subsidiary of ESW Capital, LLC.

CHAMP Private Equity Pty. Limited

Acted as Canadian counsel for CHAMP Private Equity Pty. Limited in its acquisition of Cell Care and its subsidiary Insception Biosciences Inc., a consumer health company with operations across Australia and Canada that collects, processes and stores umbilical cord stem cells.

JAM Industries Ltd.

Acted for the shareholders of JAM Industries Ltd. in the sale of its majority interest to DCC Technology Holdings Canada Inc., a subsidiary of DCC plc.

Vista Equity Partners III, LLC

Acted for Vista Equity Partners in the carve-out by its portfolio company, Aptean, Inc., of its public sector and healthcare business and the merger of that business with Superion, LLC, and TriTech Software Systems Inc. to form one of the largest conglomerates focused specifically on state and local governments in North America.

Michelin Group

Acted for the Michelin Group in its acquisition of Camso Inc., one of the global leaders in the design, manufacturing and distribution of off-road tires, wheels, tracks and conveyer belts, for a purchase price of US$1.7 billion. Camso has facilities in more than 25 jurisdictions world-wide.

Prysmian SpA

Acted for Prysmian SpA on competition and regulatory matters in its $1.5 billion acquisition of General Cable Corporation.

Agnico Eagle Mines Limited

Acted for Agnico Eagle Mines Limited in its acquisition of all of the exploration assets of Canadian Malartic Corporation, including the Kirkland Lake and Hammond Reef projects, for an aggregate purchase price of US$325 million.

Brio Gold Inc.

Acted for Brio Gold Inc. in the US$264-million acquisition by Leagold Mining Corporation for all of the issued and outstanding shares of Brio Gold.

Safran SA

Acted for Safran SA on competition matters in its $8.7 billion takeover of Zodiac Aerospace.

CVC Capital Partners

Acted for CVC Capital Partners on competition and regulatory matters in its $3.9 billion co-acquisition with Blackstone of Paysafe Group.

WestRock Company

Acted for WestRock Company on competition and regulatory matters in its $1.39 billion acquisition of Multipackaging Solutions International Ltd.

Whole Foods Market Inc.

Acted for Whole Foods Market Inc. on competition and regulatory matters in its $13.7-billion acquisition by Amazon.com Inc.

Airbus SE

Acted as co-counsel to Airbus SE, a European leader providing tanker, combat and transport aircraft, as well as a global leader in aeronautic, space and related services, in its divestiture of Vector Aerospace Holding SAS to StandardAero Aviation Holdings, Inc.

Xplornet Communications Inc.

Acted for Xplornet Communications Inc. in its acquisition of the fixed wireless Internet access business of I-Netlink Incorporated and Manitoba Netset Ltd., operating in the provinces of Manitoba and Saskatchewan as NetSet Communications.

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 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. on competition and regulatory matters in 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, Inc., 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 Industries 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.

Central National-Gottesman Inc.

Acted for Central National-Gottesman Inc., a global distributor of pulp, paper and forestry products, and its subsidiary Spicers Canada ULC in connection with the acquisition of the assets and business of Spicers Canada Limited, a distributor of fine paper, sign and display media, industrial packaging and graphic arts supplies, headquartered in Vaughan, Ontario and with locations across Canada, and the related financing with Bank of America, N.A. (Canada branch), as agent.

Endo International plc

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

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.

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.

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 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.

Bulletin

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...

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

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.