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.
Mark C. Katz
Partner
Mark C. Katz
Partner
Expertise
Bar Admissions
- Ontario, 1989
“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
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“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.
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
Acting for Celgene Corporation, an integrated global biopharmaceutical company, on competition matters related to its proposed 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 unsolicited takeover bid 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 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.
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.
Confidential Client
Represented a confidential client in the Competition Bureau's investigation of a global auto parts cartel and ultimately in the negotiation of a guilty plea under the Competition Bureau's Leniency Program. As in other jurisdictions, the auto parts inquiry is one of the largest and most complicated investigations in the history of Canadian cartel enforcement.
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 to 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.
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.
In the News
Mark Katz Speaks to GCR About Monopoly Claims Against Canadian Crown Corporations
May 23, 2019 - In a recent article (available to subscribers) published by Global Competition Review, Mark Katz spoke about the application of Canada’s Competition Act to Crown corporations. Last month, the former owner of a private security company in Québec applied for permission to sue the statutory...
Speaking Engagement
Moderator, Canadian Bar Association, Competition Law Spring Conference, “The Uncertain State of Immunity & Leniency”; Toronto, ON
May 07, 2019
Guide
Investment Canada Act: Guide for Foreign Investors in Canada, 2019 Edition
Feb. 02, 2019 - The regulatory landscape for foreign investments in Canada is constantly evolving. As a regular adviser on matters relating to the Investment Canada Act (ICA), Davies has updated this informative guide for foreign investors and their advisers, which provides an overview of the ICA and how...
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 - IntroductionOn October 20, 2016, the United States Federal Trade Commission (FTC) and the Antitrust Division of the U.S. Department of Justice (Antitrust Division) jointly issued special compliance guidelines (HR Guidelines)1 for human resource (HR) professionals and others involved in hiring and...
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
Dec. 01, 2016 - In our recent e-communication Canada Lowers the Wall to Foreign Investment, we described steps taken by the Canadian government to create a more attractive and welcoming climate for foreign investment in Canada: lowering a key review threshold under the Investment Canada Act (ICA);...
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
International Cartel Enforcement
July 12, 2016 - Panelist: International Cartel Enforcement, Pages 209-224. Download this article.
Article
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...
Speaking Engagement
Canadian Bar Association, Competition Law Spring Conference
May 19, 2016
Bulletin
May 13, 2016 - On April 4, 2016, the Canadian federal government amended its Integrity Regime, which governs the qualification of suppliers to enter into contracts with Public Works and Government Services Canada (PWGSC) and a number of other federal departments and agencies. The amendments are intended to...
Article
Reviewing the Situation: Is Canada Able to Enforce Its Anti-cartel Laws Effectively?
May 10, 2016 - Although the vast majority of cartel matters in Canada are resolved through negotiated pleas, parties will occasionally choose to fight rather than settle. Two such contested cases came to a close in 2015, with the accused parties prevailing in both instances. In the process, these cases have...
Article
May 05, 2016 - Since its arrival in Canada in 2012, Uber has generated heated discussion among affected interests, notably the established taxi industry, regulatory bodies overseeing the industry, and municipal and provincial governments responsible for putting the existing regulatory frameworks into place. In an...
Article
Controlling the Housing Bubble
Apr. 22, 2016 - With the rising cost of real estate in Canada, affordability continues to be a hot topic. In Australia, foreigners are limited to acquisitions of new dwellings, with approval in advance from the Australian Foreign Investment Review Board. Canada and its cities are considering foreign investment...
Article
Competition Law Considerations for H.R. Professionals
Mar. 23, 2016 - Do your company’s H.R. practices violate Canadian competition law? In this article from The Lawyer’s Weekly, Davies partner Mark Katz examines the ways in which competition claims can arise in the H.R. and employment contexts and the steps that H.R. professionals can take to avoid these...
Article
Recent Developments in Canadian Cartel Enforcement
Mar. 18, 2016 - 2015 saw a number of interesting developments in cartel enforcement in Canada, the most important of which were setbacks suffered by Canada’s competition authorities in two high-profile prosecutions. This article discusses these and other developments, following a brief overview of the cartel...
Speaking Engagement
Canadian Society of Association Executives, CSAE Trillium Chapter Winter Summit, “The Competition Bureau’s New Approach to Compliance for Associations”
Feb. 04, 2016
Article
Oct. 28, 2015 - “Abuse of dominant market position,” or “abuse of dominance” as it is more generally called, is considered one of the cornerstone provisions of the Competition Act. This chapter provides a detailed overview of the provision, including its origins, purpose, enforcement, elements,...
Article
Canada’s Updated Draft Intellectual Property Enforcement Guidelines and the Pharmaceutical Industry
Oct. 19, 2015 - Canada’s Competition Bureau released its updated draft of the Intellectual Property Enforcement Guidelines (Draft IPEGs) for public review and consultation in June 2015. The Draft IPEGs are intended to reflect the 2009 amendments to the Competition Act, including the changes to ...
Bulletin
Oct. 16, 2015 - On October 14, 2015, the Canadian Competition Bureau announced that it had reached a Consent Agreement with Bell Canada to resolve the Bureau’s concerns regarding reviews posted by Bell employees for two Bell applications (apps) that were available from the iTunes App Store and the Google Play...
Article
Global Competition Review: Private Litigation – Canada 2015
Oct. 09, 2015 - In this edition of Global Competition Review’s “Know-how” series, the authors provide responses to a series of questions covering the most critical private litigation issues currently affecting corporations and individual claimants in Canada. Download this article.
Bulletin
Sept. 30, 2015 - Canada’s Commissioner of Competition is armed with a variety of compulsory powers that he can use in pursuing investigations. One such power is the ability, with the permission of a court, to subpoena documents and information under section 11 of the Canadian Competition Act. Of late, the...
Speaking Engagement
Moderator, American Bar Association, Section of Antitrust Law, “Whistleblowing in Antitrust: Prospects and Pitfalls”
Aug. 27, 2015
Bulletin
Revisiting a Guilty Plea to Avoid Debarment from Public Contracts
Aug. 25, 2015 - Businesses facing criminal or regulatory charges may be tempted to plead guilty if the proposed fine is dwarfed by the costs that a defence and a trial would necessarily entail. However, a fine is only one of the consequences that a guilty plea may trigger. In fact, a guilty plea or a conviction...
Speaking Engagement
The Center for Modern Torah Leadership, “Entry and Competition in Jewish and Antitrust Law”
July 30, 2015
Speaking Engagement
American Bar Association, Section of Antitrust Law Corporate Counseling Committee – June Antitrust Update
July 15, 2015
Bulletin
Federal Public Contracts Now Governed by New, More Flexible Integrity Provisions
July 14, 2015 - On July 3, 2015, the federal government implemented a new integrity regime (New Regime) governing suppliers’ capacity to enter into procurement contracts and real property transactions with Public Works and Government Services Canada. The New Regime will be rolled out to all federal departments and...
Article
Canadian Pre-Merger Notification: Overview
June 22, 2015 - The Competition Act R.S.C. 1985, c. C34 (Competition Act) requires that mergers, acquisitions and other business combinations that meet certain prescribed thresholds be notified to the Commissioner of Competition (Commissioner), who is the head of the federal Competition Bureau...
Article
Apr. 06, 2015 - New York’s Waldorf Astoria hotel is renowned for many things. An icon of glamour and luxury, the Waldorf Astoria was the tallest building in the world when constructed in 1931. It’s played host to numerous celebrities and is the reputed birthplace of such culinary dishes as eggs benedict, Thousand...
Article
Mar. 17, 2015 - The Supreme Court of Canada (SCC) released its first decision in nearly 20 years regarding the Competition Act’s merger provisions on 22 January 2015. Its decision in Tervita Corp v Canada (Commissioner of Competition) is important because (1) it sets out the proper...
Article
Canada Tackles Misleading Advertising and Business Promotions
Mar. 13, 2015 - Kluwer Competition Law Blog
Read more on Canada Tackles Misleading Advertising and Business Promotions.
Bulletin
Presentation: Doing Business in Asia - Merger Control
Mar. 02, 2015 - This presentation, moderated by Mark Katz and delivered at the ABA Asian Forum, provides an overview of merger control regimes, covers recent significant developments in this area, and touches on what to look forward to in 2015. Download this presentation.
Bulletin
Presentation: Canadian Competition Law Highlights
Feb. 27, 2015 - Davies partners Mark Katz and Elisa Kearney delivered a presentation on Canadian competition law highlights to the Antitrust Lawyers Study Group, Tokyo, Japan. Download this presentation.
In the News
Implications of the SCC Decision in Tervita Corp. v. Canada (Commissioner of Competition)
Jan. 27, 2015 - In an interview with Carolina de Ryk, the host of CBC Radio One’s Daybreak, Davies partner Mark Katz talks about the recent Supreme Court of Canada decision in Tervita Corp. v. Canada (Commissioner of Competition). Listen to Mark’s comments on the implications of this landmark decision. ...
Article
Bridging the Gap? Canada Takes on Cross-Border Price Discrimination
Jan. 21, 2015 - Kluwer Competition Law Blog
Read more on Bridging the Gap? Canada Takes on Cross-Border Price Discrimination.
Article
Jan. 01, 2015 - As described previously in “An Old Friend in New Clothes” CLI 10 June 2014, the Canadian government is determined to remedy what it (and many Canadians) regard as an unjustified gap between U.S. and Canadian prices for the same goods. In particular, the government has focused on what it...
Article
The Ethics of Trade Association Codes of Ethics
Dec. 19, 2014 - Kluwer Competition Law Blog
Read more on The Ethics of Trade Association Codes of Ethics.
Article
The Cartels and Leniency Review: Canada Chapter
Oct. 29, 2014 - The detection and prosecution of cartels is at the top of the international antitrust enforcement agenda. Canada is no exception. The Competition Bureau has significant powers at its disposal to investigate alleged domestic and international cartel conduct and has a robust enforcement record in...
Speaking Engagement
Canadian Society of Association Executives, National Conference and Showcase; October 29 to 31, 2014
Oct. 29, 2014
Speaking Engagement
Federated Press, 2nd M&A Agreements Course, “Practical Advice on Negotiating and Structuring Key M&A Agreements”; Sept. 16 & 17, 2014
Sept. 16, 2014
Article
Face-off in the Grocery Aisle: Retailers and Suppliers Go Head-to-Head in Canada
June 30, 2014 - Perhaps more than ever, tensions between suppliers and retailers have become the defining feature of the grocery industry worldwide. These tensions have also frequently formed the basis for interventions (or proposed interventions) by competition enforcement authorities in this sector. Canada is no...
Bulletin
Presentation: Canadian Advertising Law Update and Canada’s Anti-Spam Legislation (CASL)
June 17, 2014 - This presentation summarizes recent developments in Canadian Advertising Law, and provides an overview of the requirements, exemptions and enforcement of Canada’s Anti-Spam Legislation (CASL) in addition to amendments to the Competition Act. Download this presentation.
Article
An Old Friend in New Clothes – Competition Law Insight
June 10, 2014 - Davies partner Mark Katz examines the Competition Bureau’s recently sharpened focus pricing conduct in areas including price discrimination, predatory pricing, geographic price discrimination, promotional allowances and price maintenance. Read the full article for insight into the Bureau’s draft...
Speaking Engagement
Co-chair, American Bar Association and the International Association of Young Lawyers, Section of International Law and the International Association of Young Lawyers Joint Conference; Chicago, IL; June 06 & 07, 2014
June 06, 2014
Guide
Joint Ventures: Antitrust Analysis of Collaborations Among Competitors, 2nd ed., editorial contributor
Mar. 31, 2014 - ABA Book Publishing
Purchase a copy of Joint Ventures: Antitrust Analysis of Collaborations Among Competitors, 2nd ed.
Bulletin
Presentation: Recent Developments in Foreign Investment Review
Mar. 28, 2014 - The Investment Canada Act (ICA) authorizes the Canadian government to review certain investments by non-Canadians in Canadian businesses. This presentation authored by Mark Katz discusses recent development affecting the two major foci of ICA review, “net benefit” and “national security” as...
Speaking Engagement
The Commons Institute, International Trade Law and Regulation Conference, “Recent Developments in Foreign Investment Review” and “The Law and Regulation of International Trade”
Mar. 28, 2014
Bulletin
Presentation: Competition Law Considerations for Joint Ventures and Other Collaborations
Mar. 27, 2014 - Joint venture collaborations may be subject to Competition Act provisions dealing with mergers and agreements with competitors. This presentation, authored by Mark Katz, examines regulatory requirements for businesses planning to merge, including pre-merger notification and substantive...
Speaking Engagement
Federated Press, Partnerships, Limited Partnerships and Joint Ventures Conference, “Competition Law Considerations for Joint Ventures and Other Collaborations”; Mar. 27 & 28, 2014
Mar. 27, 2014
Bulletin
Competition Bureau’s “Anti-cartel Day” Focuses on Trade Associations
Mar. 26, 2014 - As we have noted on several previous occasions, the Competition Bureau has shown a renewed interest in trade associations ever since Commissioner John Pecman assumed office in June 2013. Indeed, Commissioner Pecman made it clear that trade associations were on his enforcement radar screen even...
Bulletin
Presentation: Plea Agreements in Cartel Cases Under Canada’s Competition Act
Mar. 19, 2014 - Presented as part of a webinar entitled “Fundamental principles of a successful settlement instrument” on March 18, 2014, this overview of the Canadian legal landscape as it relates to cartels examines offences, enforcement, immunity/leniency and sentencing. Plea agreements and the option to settle...
Article
Mar. 13, 2014 - The 2014 federal budget includes a proposal to address concerns about what many Canadians regard as an “unjustified” price gap between U.S. and Canadian pricing for the same goods. While precise details are not yet available, the plan is to empower Canada’s Commissioner of Competition to enforce...
Speaking Engagement
American Bar Association Section of Antitrust Law, “Ethical Pitfalls in Merger Negotiations”
Feb. 26, 2014
Bulletin
Feb. 11, 2014 - Federal Budget Signals a Potentially Dramatic Shift in Canadian Competition Policy On February 11, 2014, the Canadian government included in its federal budget a proposed amendment to the Competition Act to prohibit unjustified price discrimination to reduce the gap...
Bulletin
Canadian Federal Court of Appeal Expands Scope of Competition Act’s Abuse of Dominance Provisions
Feb. 04, 2014 - On February 3, 2014, the Federal Court of Appeal overturned the Competition Tribunal’s 2013 decision dismissing the Commissioner of Competition’s abuse of dominance allegations against the Toronto Real Estate Board (TREB) and referred the case back to the Tribunal. In so doing, the Court held that...
Bulletin
Are You Prepared for a Search?
Jan. 31, 2014 - 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...
Bulletin
Jan. 16, 2014 - Prejudicial documents contributed to Court finding that merger violated U.S. antitrust laws.Last January, we circulated a Compliance Alert suggesting that the lawsuit by the U.S. Department of Justice (U.S. DOJ) challenging the completed acquisition of PowerReviews by Bazaarvoice served...
Bulletin
Alert - Professional Associations Under Competition Bureau Scrutiny
Dec. 09, 2013 - In a speech delivered on December 5, 2013, John Pecman, the Commissioner of Competition, provided an update on the Competition Bureau’s recent advocacy efforts. Several points he made are of particular interest to professional associations. The Competition Bureau has demonstrated a renewed focus on...
Speaking Engagement
Jewish Lawyers Network, Law Conference: Comparing Modern and Talmudic Legal Systems, “The Ethics of Competition: A Comparison Between Jewish and Antitrust Law”
Dec. 09, 2013
Speaking Engagement
Osgoode Hall Law School, Osgoode Professional Development’s Competition Law Essentials for Corporate Counsel, Business Lawyers and Executives Program, “Agreements with Competitors: Structuring Collaborations and Strategic Alliances”
Dec. 03, 2013
Article
Green Light for Indirect Purchaser Claims in Canada
Dec. 01, 2013 - On October 31, 2013, the Supreme Court of Canada (the SCC) issued a trilogy of decisions holding that indirect purchasers (such as consumers and retailers) are entitled to assert claims for damages and restitution in class actions relying upon alleged competition law offenses. The SCC also set a...
Article
Has the Canadian Supreme Court Altered the Competition Landscape?
Nov. 19, 2013 - Following a decision by the Supreme Court of Canada, consumers can bring indirect purchaser claims where their purchase was made through an intermediary. Mark Katz, Sandra Forbes and Chantelle Spagnola discuss the issues and possible consequences of the decision. Download this article.
Article
Resale Price Maintenance in Canada: Where Do We Stand After the Visa/Mastercard Case?
Nov. 13, 2013 - The Bureau’s price maintenance case against Visa and MasterCard attracted a great deal of interest and attention in Canada. Ultimately, the Competition Tribunal (which adjudicates such matters) ruled against the Bureau because it concluded that the Bureau’s case did not fit within the intended...
Article
Credit Cards in Canada: What Role for Competition Law?
Nov. 07, 2013 - In this article, Davies partner Mark Katz examines the increase in regulatory and legal scrutiny of terms governing the availability and use of credit cards that has resulted from the growing popularity of credit and other payment cards among consumers. Download this article.
Speaking Engagement
Commerce Commission New Zealand, Commission Conference & Competition Matters, “Antitrust Sanctions and the Goal of Deterrence”; Oct. 17 & 18, 2013
Oct. 17, 2013
Article
Global Competition Review: Private Litigation - Canada 2013
Oct. 15, 2013 - In this edition of Global Competition Review’s “Know-how” series the authors provide responses to a series of questions covering the most critical private litigation issues currently affecting corporations and individual claimants in Canada. Download this article.
Bulletin
Canada Cites National Security Concerns in Turning Down Foreign Investment in the Telecom Sector
Oct. 09, 2013 - On October 7, 2013, Industry Minister James Moore announced that the Canadian government had rejected the proposed acquisition by Accelero Capital Holdings (Accelero Capital) of the Allstream business owned by Manitoba Telecom Service (MTS). The Minister cited national security concerns for this...
Bulletin
Sept. 26, 2013 - CRTC and Competition Bureau Sign Letter of Agreement on Cooperation On September 25, 2013, the Chairman of the Canadian Radio-television and Telecommunications Commission and the Commissioner of Competition announced that they had signed a Letter of Agreement providing for closer cooperation between...
Bulletin
Presentation: Regulatory Issues in Drafting M&A Agreements
Sept. 23, 2013 - Download this presentation.
Speaking Engagement
Federated Press, “Regulatory Issues in Drafting M&A Agreements”
Sept. 23, 2013
Bulletin
Sept. 13, 2013 - In this presentation, the author discusses best practices in conducting regulatory investigations, including: Enforcement Framework, Responding to Cartel Investigations, The Internal Investigation and Immunity/Leniency. Download this presentation.
Speaking Engagement
Federated Press, “Best Practices for Regulatory Investigations: Handling Cartel Investigations Under the Competition Act”
Sept. 13, 2013
Article
Bid-Rigging in Canada: Recent Developments
Sept. 06, 2013 - The Canadian Competition Act prohibits various types of anti-competitive agreements between competitors. For example, it is a criminal offence for competitors to fix prices, allocate markets, and/or restrict output. Civil proceedings can also be brought against competitors who enter into...
Article
Blowing the Whistle on Cartels in Canada
Aug. 30, 2013 - Cartel enforcement in Canada is heavily dependent on the use of informants. This is explained by two principal factors. First, cartel conduct is, by its very nature, secretive and carried out in the shadows of business life. Second, Canada’s Competition Bureau, which is responsible for...
Speaking Engagement
Continuing Legal Education Society of British Columbia, “Anticipating and Avoiding Post-Closing Issues”
June 05, 2013
Article
Contemplating Competitor Collaborations
May 15, 2013 - Joint venture arrangements can involve serious risks so it is very important that prospective partners carefully evaluate any potential competition issues before proceeding with an arrangement. Taking the time to address competition issues upfront can help avoid potential – and costly – problems...
Bulletin
Proposed Amendments to the Investment Canada Act on State-Owned Enterprises
May 01, 2013 - On April 29, 2013, the Canadian government tabled Bill C-60, which includes proposed amendments to the Investment Canada Act (ICA) to implement the policy on investments in Canada by foreign state-owned enterprises (SOEs) announced by the government in December 2012. Bill C-60 introduces a...
Speaking Engagement
Steptoe & Johnson LLP, webinar, “Competition Law Risk and Managing Employees in the US, EU, and Canada: Guidelines, Pitfalls, and Challenges”
Apr. 24, 2013
Article
Apr. 17, 2013 - This article discusses significant changes made by the Canadian government in 2012: the June 29, 2012, amendments to the Telecommunications Act reflecting a plan to promote domestic competition; the introduction of a number of proposed amendments to Canada’s foreign investment review...
Speaking Engagement
Canadian Independent Petroleum Marketers Association, “Competition Compliance Essentials: Trade Associations Under Scrutiny”
Apr. 17, 2013
Bulletin
Breakfast with John Pecman: Key Messages from the Competition Bureau
Feb. 13, 2013 - At a breakfast event held at the Toronto offices of Davies Ward Phillips & Vineberg LLP on February 7, 2013, Interim Commissioner of Competition John Pecman provided several insights into the direction of competition law enforcement under his leadership, particularly insofar as regulated sectors of...
Article
Punishing Cartels in Canada: Is a “Sea Change” on the Horizon?
Jan. 31, 2013 - Canada has a long history of pursuing and prosecuting cartels (more commonly referred to in Canadian competition law as “conspiracies”). The first criminal anti-cartel prohibition was enacted in Canada in 1889, one year prior to passage of the Sherman Act in the United States. Since that...
Bulletin
Compliance Alert: The Importance of Managing Document Creation in M&A Transactions
Jan. 15, 2013 - For anyone considering the sale or acquisition of a business in Canada in 2013, we suggest that your New Year’s resolutions include the following: “I will not jeopardize my transaction’s chances for success by creating internal documents that are likely to attract the Competition Bureau’s attention....
Article
Trade Associations and Information Exchanges: A Word of Caution
Jan. 11, 2013 - In remarks delivered on October 30, 2012, John Pecman, Canada’s new Interim Commissioner of Competition, highlighted the enforcement risks that trade associations face under the Competition Act (the Act). The Commissioner’s speech was intended to emphasize the importance of competition...
Article
Heightened Enforcement Risks for Trade and Professional Associations in Canada
Jan. 11, 2013 - Trade association conduct has long been a concern for competition authorities in Canada. Indeed, one of the incentives for enacting Canada’s first competition legislation in 1889 was to address the conduct of trade associations and other anti-competitive “combinations”. As one observer commented...
Speaking Engagement
Strafford Webinars, “Key Compliance Strategies to Avoid Misleading Advertising Violations in Canada”
Jan. 08, 2013
Bulletin
Presentation: The Interaction Between Leniency Programs and Private Enforcement in Canada
Dec. 12, 2012 - Download this presentation.
Bulletin
Canadian Government Clarifies Policy on Foreign Investments by State-Owned Enterprises
Dec. 08, 2012 - On December 7, 2012, the Canadian government released a policy statement and revised guidelines for investments by foreign state-owned enterprises (SOEs) that are subject to a net benefit review under the Investment Canada Act (ICA). The government also announced that the Minister of ...
Speaking Engagement
Canadian Society of Association Executives, CSAE National Conference & Showcase, “Competition Law and Associations in Canada”
Nov. 01, 2012
Bulletin
Oct. 18, 2012 - Reasons delivered by Chief Justice Paul Crampton of the Federal Court of Canada in relation to sentencing an accused corporation in R. v. Maxzone Auto Parts (Canada) Corp. create uncertainty for entities considering use of the Competition Bureau’s Leniency Program in relation to...
Speaking Engagement
American Bar Association, Section of International Law 2012 Fall Meeting, “Global Economic Slowdown – What’s Its Impact on Regulatory Clearance for Mergers and Acquisitions?”; Oct. 16 to 20, 2012
Oct. 16, 2012
Speaking Engagement
New York County Lawyers’ Association, Antitrust and Trade Regulation Committee, and American Bar Association Section of International Law, “The Ethics of Internal Investigations”
Oct. 15, 2012
Speaking Engagement
Canadian Bar Association, 2012 Annual Competition Law Fall Conference; Sept. 20 & 21, 2012
Sept. 20, 2012
Article
The Investment Canada Act: Is It Impeding Chinese Investment in Canada?
Aug. 15, 2012 - When it comes to foreign direct investment, China and Canada have been described as a match “made in heaven”. Canada has vast, undeveloped natural resources combined with the political will, but not necessarily the domestic financial capacity, to develop those resources; China has a major appetite...
Bulletin
Canadian Competition Tribunal Upholds Challenge to Completed Merger
July 03, 2012 - Last month, the Canadian Competition Tribunal released the public version of its reasons for issuing a divestiture order pursuant to the first fully contested proceeding under the merger provisions of the Competition Act in over a decade. The Commissioner of Competition challenged the...
Bulletin
Canadian Government Announces Further Changes to Foreign Investment Review Process
May 30, 2012 - The Canadian government continues to propose changes to Canada’s foreign investment review regime under the Investment Canada Act (ICA). In its most recent announcement the government proposes to significantly increase the principal threshold used to determine whether foreign investments...
Speaking Engagement
Moderator, American Bar Association Section of International Law and the Israel Bar Association, joint conference and meeting, “The ‘Nuts and Bolts’ of International Joint Ventures: Israel and the U.S./E.U.”
May 22, 2012
Bulletin
May 02, 2012 - On April 26, 2012, the Canadian government introduced Bill C-38 (known as the Jobs, Growth and Long-term Prosperity Act), an omnibus bill that includes proposed amendments to the Investment Canada Act (the ICA) and the Telecommunications Act. Highlights of these proposed...
Bulletin
Canadian Government Restricts Availability of Conditional Sentences (House Arrest)
Mar. 14, 2012 - New Law Applies to Competition Act Cartel Offences May Limit Flexibility and Incentives for Leniency ArrangementsAlmost three years ago, significant amendments were made to Canada’s Competition Act1 (the Act) that substantially raised the stakes for parties caught participating in...
Speaking Engagement
Global Competition Review, GCR Live: Law Leaders Asia & Pacific 2012, “Competition/IP & Technology”; Mar. 02 & 03, 2012
Mar. 02, 2012
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 Legal 500 Canada—Competition and Antitrust (Recommended)
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; 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.
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
Acting for Celgene Corporation, an integrated global biopharmaceutical company, on competition matters related to its proposed 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 unsolicited takeover bid 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 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.
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.
Confidential Client
Represented a confidential client in the Competition Bureau's investigation of a global auto parts cartel and ultimately in the negotiation of a guilty plea under the Competition Bureau's Leniency Program. As in other jurisdictions, the auto parts inquiry is one of the largest and most complicated investigations in the history of Canadian cartel enforcement.
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 to 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.
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.
In the News
Mark Katz Speaks to GCR About Monopoly Claims Against Canadian Crown Corporations
May 23, 2019 - In a recent article (available to subscribers) published by Global Competition Review, Mark Katz spoke about the application of Canada’s Competition Act to Crown corporations. Last month, the former owner of a private security company in Québec applied for permission to sue the statutory...
Speaking Engagement
Moderator, Canadian Bar Association, Competition Law Spring Conference, “The Uncertain State of Immunity & Leniency”; Toronto, ON
May 07, 2019
Guide
Investment Canada Act: Guide for Foreign Investors in Canada, 2019 Edition
Feb. 02, 2019 - The regulatory landscape for foreign investments in Canada is constantly evolving. As a regular adviser on matters relating to the Investment Canada Act (ICA), Davies has updated this informative guide for foreign investors and their advisers, which provides an overview of the ICA and how...
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 - IntroductionOn October 20, 2016, the United States Federal Trade Commission (FTC) and the Antitrust Division of the U.S. Department of Justice (Antitrust Division) jointly issued special compliance guidelines (HR Guidelines)1 for human resource (HR) professionals and others involved in hiring and...
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
Dec. 01, 2016 - In our recent e-communication Canada Lowers the Wall to Foreign Investment, we described steps taken by the Canadian government to create a more attractive and welcoming climate for foreign investment in Canada: lowering a key review threshold under the Investment Canada Act (ICA);...
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
International Cartel Enforcement
July 12, 2016 - Panelist: International Cartel Enforcement, Pages 209-224. Download this article.
Article
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...
Speaking Engagement
Canadian Bar Association, Competition Law Spring Conference
May 19, 2016
Bulletin
May 13, 2016 - On April 4, 2016, the Canadian federal government amended its Integrity Regime, which governs the qualification of suppliers to enter into contracts with Public Works and Government Services Canada (PWGSC) and a number of other federal departments and agencies. The amendments are intended to...
Article
Reviewing the Situation: Is Canada Able to Enforce Its Anti-cartel Laws Effectively?
May 10, 2016 - Although the vast majority of cartel matters in Canada are resolved through negotiated pleas, parties will occasionally choose to fight rather than settle. Two such contested cases came to a close in 2015, with the accused parties prevailing in both instances. In the process, these cases have...
Article
May 05, 2016 - Since its arrival in Canada in 2012, Uber has generated heated discussion among affected interests, notably the established taxi industry, regulatory bodies overseeing the industry, and municipal and provincial governments responsible for putting the existing regulatory frameworks into place. In an...
Article
Controlling the Housing Bubble
Apr. 22, 2016 - With the rising cost of real estate in Canada, affordability continues to be a hot topic. In Australia, foreigners are limited to acquisitions of new dwellings, with approval in advance from the Australian Foreign Investment Review Board. Canada and its cities are considering foreign investment...
Article
Competition Law Considerations for H.R. Professionals
Mar. 23, 2016 - Do your company’s H.R. practices violate Canadian competition law? In this article from The Lawyer’s Weekly, Davies partner Mark Katz examines the ways in which competition claims can arise in the H.R. and employment contexts and the steps that H.R. professionals can take to avoid these...
Article
Recent Developments in Canadian Cartel Enforcement
Mar. 18, 2016 - 2015 saw a number of interesting developments in cartel enforcement in Canada, the most important of which were setbacks suffered by Canada’s competition authorities in two high-profile prosecutions. This article discusses these and other developments, following a brief overview of the cartel...
Speaking Engagement
Canadian Society of Association Executives, CSAE Trillium Chapter Winter Summit, “The Competition Bureau’s New Approach to Compliance for Associations”
Feb. 04, 2016
Article
Oct. 28, 2015 - “Abuse of dominant market position,” or “abuse of dominance” as it is more generally called, is considered one of the cornerstone provisions of the Competition Act. This chapter provides a detailed overview of the provision, including its origins, purpose, enforcement, elements,...
Article
Canada’s Updated Draft Intellectual Property Enforcement Guidelines and the Pharmaceutical Industry
Oct. 19, 2015 - Canada’s Competition Bureau released its updated draft of the Intellectual Property Enforcement Guidelines (Draft IPEGs) for public review and consultation in June 2015. The Draft IPEGs are intended to reflect the 2009 amendments to the Competition Act, including the changes to ...
Bulletin
Oct. 16, 2015 - On October 14, 2015, the Canadian Competition Bureau announced that it had reached a Consent Agreement with Bell Canada to resolve the Bureau’s concerns regarding reviews posted by Bell employees for two Bell applications (apps) that were available from the iTunes App Store and the Google Play...
Article
Global Competition Review: Private Litigation – Canada 2015
Oct. 09, 2015 - In this edition of Global Competition Review’s “Know-how” series, the authors provide responses to a series of questions covering the most critical private litigation issues currently affecting corporations and individual claimants in Canada. Download this article.
Bulletin
Sept. 30, 2015 - Canada’s Commissioner of Competition is armed with a variety of compulsory powers that he can use in pursuing investigations. One such power is the ability, with the permission of a court, to subpoena documents and information under section 11 of the Canadian Competition Act. Of late, the...
Speaking Engagement
Moderator, American Bar Association, Section of Antitrust Law, “Whistleblowing in Antitrust: Prospects and Pitfalls”
Aug. 27, 2015
Bulletin
Revisiting a Guilty Plea to Avoid Debarment from Public Contracts
Aug. 25, 2015 - Businesses facing criminal or regulatory charges may be tempted to plead guilty if the proposed fine is dwarfed by the costs that a defence and a trial would necessarily entail. However, a fine is only one of the consequences that a guilty plea may trigger. In fact, a guilty plea or a conviction...
Speaking Engagement
The Center for Modern Torah Leadership, “Entry and Competition in Jewish and Antitrust Law”
July 30, 2015
Speaking Engagement
American Bar Association, Section of Antitrust Law Corporate Counseling Committee – June Antitrust Update
July 15, 2015
Bulletin
Federal Public Contracts Now Governed by New, More Flexible Integrity Provisions
July 14, 2015 - On July 3, 2015, the federal government implemented a new integrity regime (New Regime) governing suppliers’ capacity to enter into procurement contracts and real property transactions with Public Works and Government Services Canada. The New Regime will be rolled out to all federal departments and...
Article
Canadian Pre-Merger Notification: Overview
June 22, 2015 - The Competition Act R.S.C. 1985, c. C34 (Competition Act) requires that mergers, acquisitions and other business combinations that meet certain prescribed thresholds be notified to the Commissioner of Competition (Commissioner), who is the head of the federal Competition Bureau...
Article
Apr. 06, 2015 - New York’s Waldorf Astoria hotel is renowned for many things. An icon of glamour and luxury, the Waldorf Astoria was the tallest building in the world when constructed in 1931. It’s played host to numerous celebrities and is the reputed birthplace of such culinary dishes as eggs benedict, Thousand...
Article
Mar. 17, 2015 - The Supreme Court of Canada (SCC) released its first decision in nearly 20 years regarding the Competition Act’s merger provisions on 22 January 2015. Its decision in Tervita Corp v Canada (Commissioner of Competition) is important because (1) it sets out the proper...
Article
Canada Tackles Misleading Advertising and Business Promotions
Mar. 13, 2015 - Kluwer Competition Law Blog
Read more on Canada Tackles Misleading Advertising and Business Promotions.
Bulletin
Presentation: Doing Business in Asia - Merger Control
Mar. 02, 2015 - This presentation, moderated by Mark Katz and delivered at the ABA Asian Forum, provides an overview of merger control regimes, covers recent significant developments in this area, and touches on what to look forward to in 2015. Download this presentation.
Bulletin
Presentation: Canadian Competition Law Highlights
Feb. 27, 2015 - Davies partners Mark Katz and Elisa Kearney delivered a presentation on Canadian competition law highlights to the Antitrust Lawyers Study Group, Tokyo, Japan. Download this presentation.
In the News
Implications of the SCC Decision in Tervita Corp. v. Canada (Commissioner of Competition)
Jan. 27, 2015 - In an interview with Carolina de Ryk, the host of CBC Radio One’s Daybreak, Davies partner Mark Katz talks about the recent Supreme Court of Canada decision in Tervita Corp. v. Canada (Commissioner of Competition). Listen to Mark’s comments on the implications of this landmark decision. ...
Article
Bridging the Gap? Canada Takes on Cross-Border Price Discrimination
Jan. 21, 2015 - Kluwer Competition Law Blog
Read more on Bridging the Gap? Canada Takes on Cross-Border Price Discrimination.
Article
Jan. 01, 2015 - As described previously in “An Old Friend in New Clothes” CLI 10 June 2014, the Canadian government is determined to remedy what it (and many Canadians) regard as an unjustified gap between U.S. and Canadian prices for the same goods. In particular, the government has focused on what it...
Article
The Ethics of Trade Association Codes of Ethics
Dec. 19, 2014 - Kluwer Competition Law Blog
Read more on The Ethics of Trade Association Codes of Ethics.
Article
The Cartels and Leniency Review: Canada Chapter
Oct. 29, 2014 - The detection and prosecution of cartels is at the top of the international antitrust enforcement agenda. Canada is no exception. The Competition Bureau has significant powers at its disposal to investigate alleged domestic and international cartel conduct and has a robust enforcement record in...
Speaking Engagement
Canadian Society of Association Executives, National Conference and Showcase; October 29 to 31, 2014
Oct. 29, 2014
Speaking Engagement
Federated Press, 2nd M&A Agreements Course, “Practical Advice on Negotiating and Structuring Key M&A Agreements”; Sept. 16 & 17, 2014
Sept. 16, 2014
Article
Face-off in the Grocery Aisle: Retailers and Suppliers Go Head-to-Head in Canada
June 30, 2014 - Perhaps more than ever, tensions between suppliers and retailers have become the defining feature of the grocery industry worldwide. These tensions have also frequently formed the basis for interventions (or proposed interventions) by competition enforcement authorities in this sector. Canada is no...
Bulletin
Presentation: Canadian Advertising Law Update and Canada’s Anti-Spam Legislation (CASL)
June 17, 2014 - This presentation summarizes recent developments in Canadian Advertising Law, and provides an overview of the requirements, exemptions and enforcement of Canada’s Anti-Spam Legislation (CASL) in addition to amendments to the Competition Act. Download this presentation.
Article
An Old Friend in New Clothes – Competition Law Insight
June 10, 2014 - Davies partner Mark Katz examines the Competition Bureau’s recently sharpened focus pricing conduct in areas including price discrimination, predatory pricing, geographic price discrimination, promotional allowances and price maintenance. Read the full article for insight into the Bureau’s draft...
Speaking Engagement
Co-chair, American Bar Association and the International Association of Young Lawyers, Section of International Law and the International Association of Young Lawyers Joint Conference; Chicago, IL; June 06 & 07, 2014
June 06, 2014
Guide
Joint Ventures: Antitrust Analysis of Collaborations Among Competitors, 2nd ed., editorial contributor
Mar. 31, 2014 - ABA Book Publishing
Purchase a copy of Joint Ventures: Antitrust Analysis of Collaborations Among Competitors, 2nd ed.
Bulletin
Presentation: Recent Developments in Foreign Investment Review
Mar. 28, 2014 - The Investment Canada Act (ICA) authorizes the Canadian government to review certain investments by non-Canadians in Canadian businesses. This presentation authored by Mark Katz discusses recent development affecting the two major foci of ICA review, “net benefit” and “national security” as...
Speaking Engagement
The Commons Institute, International Trade Law and Regulation Conference, “Recent Developments in Foreign Investment Review” and “The Law and Regulation of International Trade”
Mar. 28, 2014
Bulletin
Presentation: Competition Law Considerations for Joint Ventures and Other Collaborations
Mar. 27, 2014 - Joint venture collaborations may be subject to Competition Act provisions dealing with mergers and agreements with competitors. This presentation, authored by Mark Katz, examines regulatory requirements for businesses planning to merge, including pre-merger notification and substantive...
Speaking Engagement
Federated Press, Partnerships, Limited Partnerships and Joint Ventures Conference, “Competition Law Considerations for Joint Ventures and Other Collaborations”; Mar. 27 & 28, 2014
Mar. 27, 2014
Bulletin
Competition Bureau’s “Anti-cartel Day” Focuses on Trade Associations
Mar. 26, 2014 - As we have noted on several previous occasions, the Competition Bureau has shown a renewed interest in trade associations ever since Commissioner John Pecman assumed office in June 2013. Indeed, Commissioner Pecman made it clear that trade associations were on his enforcement radar screen even...
Bulletin
Presentation: Plea Agreements in Cartel Cases Under Canada’s Competition Act
Mar. 19, 2014 - Presented as part of a webinar entitled “Fundamental principles of a successful settlement instrument” on March 18, 2014, this overview of the Canadian legal landscape as it relates to cartels examines offences, enforcement, immunity/leniency and sentencing. Plea agreements and the option to settle...
Article
Mar. 13, 2014 - The 2014 federal budget includes a proposal to address concerns about what many Canadians regard as an “unjustified” price gap between U.S. and Canadian pricing for the same goods. While precise details are not yet available, the plan is to empower Canada’s Commissioner of Competition to enforce...
Speaking Engagement
American Bar Association Section of Antitrust Law, “Ethical Pitfalls in Merger Negotiations”
Feb. 26, 2014
Bulletin
Feb. 11, 2014 - Federal Budget Signals a Potentially Dramatic Shift in Canadian Competition Policy On February 11, 2014, the Canadian government included in its federal budget a proposed amendment to the Competition Act to prohibit unjustified price discrimination to reduce the gap...
Bulletin
Canadian Federal Court of Appeal Expands Scope of Competition Act’s Abuse of Dominance Provisions
Feb. 04, 2014 - On February 3, 2014, the Federal Court of Appeal overturned the Competition Tribunal’s 2013 decision dismissing the Commissioner of Competition’s abuse of dominance allegations against the Toronto Real Estate Board (TREB) and referred the case back to the Tribunal. In so doing, the Court held that...
Bulletin
Are You Prepared for a Search?
Jan. 31, 2014 - 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...
Bulletin
Jan. 16, 2014 - Prejudicial documents contributed to Court finding that merger violated U.S. antitrust laws.Last January, we circulated a Compliance Alert suggesting that the lawsuit by the U.S. Department of Justice (U.S. DOJ) challenging the completed acquisition of PowerReviews by Bazaarvoice served...
Bulletin
Alert - Professional Associations Under Competition Bureau Scrutiny
Dec. 09, 2013 - In a speech delivered on December 5, 2013, John Pecman, the Commissioner of Competition, provided an update on the Competition Bureau’s recent advocacy efforts. Several points he made are of particular interest to professional associations. The Competition Bureau has demonstrated a renewed focus on...
Speaking Engagement
Jewish Lawyers Network, Law Conference: Comparing Modern and Talmudic Legal Systems, “The Ethics of Competition: A Comparison Between Jewish and Antitrust Law”
Dec. 09, 2013
Speaking Engagement
Osgoode Hall Law School, Osgoode Professional Development’s Competition Law Essentials for Corporate Counsel, Business Lawyers and Executives Program, “Agreements with Competitors: Structuring Collaborations and Strategic Alliances”
Dec. 03, 2013
Article
Green Light for Indirect Purchaser Claims in Canada
Dec. 01, 2013 - On October 31, 2013, the Supreme Court of Canada (the SCC) issued a trilogy of decisions holding that indirect purchasers (such as consumers and retailers) are entitled to assert claims for damages and restitution in class actions relying upon alleged competition law offenses. The SCC also set a...
Article
Has the Canadian Supreme Court Altered the Competition Landscape?
Nov. 19, 2013 - Following a decision by the Supreme Court of Canada, consumers can bring indirect purchaser claims where their purchase was made through an intermediary. Mark Katz, Sandra Forbes and Chantelle Spagnola discuss the issues and possible consequences of the decision. Download this article.
Article
Resale Price Maintenance in Canada: Where Do We Stand After the Visa/Mastercard Case?
Nov. 13, 2013 - The Bureau’s price maintenance case against Visa and MasterCard attracted a great deal of interest and attention in Canada. Ultimately, the Competition Tribunal (which adjudicates such matters) ruled against the Bureau because it concluded that the Bureau’s case did not fit within the intended...
Article
Credit Cards in Canada: What Role for Competition Law?
Nov. 07, 2013 - In this article, Davies partner Mark Katz examines the increase in regulatory and legal scrutiny of terms governing the availability and use of credit cards that has resulted from the growing popularity of credit and other payment cards among consumers. Download this article.
Speaking Engagement
Commerce Commission New Zealand, Commission Conference & Competition Matters, “Antitrust Sanctions and the Goal of Deterrence”; Oct. 17 & 18, 2013
Oct. 17, 2013
Article
Global Competition Review: Private Litigation - Canada 2013
Oct. 15, 2013 - In this edition of Global Competition Review’s “Know-how” series the authors provide responses to a series of questions covering the most critical private litigation issues currently affecting corporations and individual claimants in Canada. Download this article.
Bulletin
Canada Cites National Security Concerns in Turning Down Foreign Investment in the Telecom Sector
Oct. 09, 2013 - On October 7, 2013, Industry Minister James Moore announced that the Canadian government had rejected the proposed acquisition by Accelero Capital Holdings (Accelero Capital) of the Allstream business owned by Manitoba Telecom Service (MTS). The Minister cited national security concerns for this...
Bulletin
Sept. 26, 2013 - CRTC and Competition Bureau Sign Letter of Agreement on Cooperation On September 25, 2013, the Chairman of the Canadian Radio-television and Telecommunications Commission and the Commissioner of Competition announced that they had signed a Letter of Agreement providing for closer cooperation between...
Bulletin
Presentation: Regulatory Issues in Drafting M&A Agreements
Sept. 23, 2013 - Download this presentation.
Speaking Engagement
Federated Press, “Regulatory Issues in Drafting M&A Agreements”
Sept. 23, 2013
Bulletin
Sept. 13, 2013 - In this presentation, the author discusses best practices in conducting regulatory investigations, including: Enforcement Framework, Responding to Cartel Investigations, The Internal Investigation and Immunity/Leniency. Download this presentation.
Speaking Engagement
Federated Press, “Best Practices for Regulatory Investigations: Handling Cartel Investigations Under the Competition Act”
Sept. 13, 2013
Article
Bid-Rigging in Canada: Recent Developments
Sept. 06, 2013 - The Canadian Competition Act prohibits various types of anti-competitive agreements between competitors. For example, it is a criminal offence for competitors to fix prices, allocate markets, and/or restrict output. Civil proceedings can also be brought against competitors who enter into...
Article
Blowing the Whistle on Cartels in Canada
Aug. 30, 2013 - Cartel enforcement in Canada is heavily dependent on the use of informants. This is explained by two principal factors. First, cartel conduct is, by its very nature, secretive and carried out in the shadows of business life. Second, Canada’s Competition Bureau, which is responsible for...
Speaking Engagement
Continuing Legal Education Society of British Columbia, “Anticipating and Avoiding Post-Closing Issues”
June 05, 2013
Article
Contemplating Competitor Collaborations
May 15, 2013 - Joint venture arrangements can involve serious risks so it is very important that prospective partners carefully evaluate any potential competition issues before proceeding with an arrangement. Taking the time to address competition issues upfront can help avoid potential – and costly – problems...
Bulletin
Proposed Amendments to the Investment Canada Act on State-Owned Enterprises
May 01, 2013 - On April 29, 2013, the Canadian government tabled Bill C-60, which includes proposed amendments to the Investment Canada Act (ICA) to implement the policy on investments in Canada by foreign state-owned enterprises (SOEs) announced by the government in December 2012. Bill C-60 introduces a...
Speaking Engagement
Steptoe & Johnson LLP, webinar, “Competition Law Risk and Managing Employees in the US, EU, and Canada: Guidelines, Pitfalls, and Challenges”
Apr. 24, 2013
Article
Apr. 17, 2013 - This article discusses significant changes made by the Canadian government in 2012: the June 29, 2012, amendments to the Telecommunications Act reflecting a plan to promote domestic competition; the introduction of a number of proposed amendments to Canada’s foreign investment review...
Speaking Engagement
Canadian Independent Petroleum Marketers Association, “Competition Compliance Essentials: Trade Associations Under Scrutiny”
Apr. 17, 2013
Bulletin
Breakfast with John Pecman: Key Messages from the Competition Bureau
Feb. 13, 2013 - At a breakfast event held at the Toronto offices of Davies Ward Phillips & Vineberg LLP on February 7, 2013, Interim Commissioner of Competition John Pecman provided several insights into the direction of competition law enforcement under his leadership, particularly insofar as regulated sectors of...
Article
Punishing Cartels in Canada: Is a “Sea Change” on the Horizon?
Jan. 31, 2013 - Canada has a long history of pursuing and prosecuting cartels (more commonly referred to in Canadian competition law as “conspiracies”). The first criminal anti-cartel prohibition was enacted in Canada in 1889, one year prior to passage of the Sherman Act in the United States. Since that...
Bulletin
Compliance Alert: The Importance of Managing Document Creation in M&A Transactions
Jan. 15, 2013 - For anyone considering the sale or acquisition of a business in Canada in 2013, we suggest that your New Year’s resolutions include the following: “I will not jeopardize my transaction’s chances for success by creating internal documents that are likely to attract the Competition Bureau’s attention....
Article
Trade Associations and Information Exchanges: A Word of Caution
Jan. 11, 2013 - In remarks delivered on October 30, 2012, John Pecman, Canada’s new Interim Commissioner of Competition, highlighted the enforcement risks that trade associations face under the Competition Act (the Act). The Commissioner’s speech was intended to emphasize the importance of competition...
Article
Heightened Enforcement Risks for Trade and Professional Associations in Canada
Jan. 11, 2013 - Trade association conduct has long been a concern for competition authorities in Canada. Indeed, one of the incentives for enacting Canada’s first competition legislation in 1889 was to address the conduct of trade associations and other anti-competitive “combinations”. As one observer commented...
Speaking Engagement
Strafford Webinars, “Key Compliance Strategies to Avoid Misleading Advertising Violations in Canada”
Jan. 08, 2013
Bulletin
Presentation: The Interaction Between Leniency Programs and Private Enforcement in Canada
Dec. 12, 2012 - Download this presentation.
Bulletin
Canadian Government Clarifies Policy on Foreign Investments by State-Owned Enterprises
Dec. 08, 2012 - On December 7, 2012, the Canadian government released a policy statement and revised guidelines for investments by foreign state-owned enterprises (SOEs) that are subject to a net benefit review under the Investment Canada Act (ICA). The government also announced that the Minister of ...
Speaking Engagement
Canadian Society of Association Executives, CSAE National Conference & Showcase, “Competition Law and Associations in Canada”
Nov. 01, 2012
Bulletin
Oct. 18, 2012 - Reasons delivered by Chief Justice Paul Crampton of the Federal Court of Canada in relation to sentencing an accused corporation in R. v. Maxzone Auto Parts (Canada) Corp. create uncertainty for entities considering use of the Competition Bureau’s Leniency Program in relation to...
Speaking Engagement
American Bar Association, Section of International Law 2012 Fall Meeting, “Global Economic Slowdown – What’s Its Impact on Regulatory Clearance for Mergers and Acquisitions?”; Oct. 16 to 20, 2012
Oct. 16, 2012
Speaking Engagement
New York County Lawyers’ Association, Antitrust and Trade Regulation Committee, and American Bar Association Section of International Law, “The Ethics of Internal Investigations”
Oct. 15, 2012
Speaking Engagement
Canadian Bar Association, 2012 Annual Competition Law Fall Conference; Sept. 20 & 21, 2012
Sept. 20, 2012
Article
The Investment Canada Act: Is It Impeding Chinese Investment in Canada?
Aug. 15, 2012 - When it comes to foreign direct investment, China and Canada have been described as a match “made in heaven”. Canada has vast, undeveloped natural resources combined with the political will, but not necessarily the domestic financial capacity, to develop those resources; China has a major appetite...
Bulletin
Canadian Competition Tribunal Upholds Challenge to Completed Merger
July 03, 2012 - Last month, the Canadian Competition Tribunal released the public version of its reasons for issuing a divestiture order pursuant to the first fully contested proceeding under the merger provisions of the Competition Act in over a decade. The Commissioner of Competition challenged the...
Bulletin
Canadian Government Announces Further Changes to Foreign Investment Review Process
May 30, 2012 - The Canadian government continues to propose changes to Canada’s foreign investment review regime under the Investment Canada Act (ICA). In its most recent announcement the government proposes to significantly increase the principal threshold used to determine whether foreign investments...
Speaking Engagement
Moderator, American Bar Association Section of International Law and the Israel Bar Association, joint conference and meeting, “The ‘Nuts and Bolts’ of International Joint Ventures: Israel and the U.S./E.U.”
May 22, 2012
Bulletin
May 02, 2012 - On April 26, 2012, the Canadian government introduced Bill C-38 (known as the Jobs, Growth and Long-term Prosperity Act), an omnibus bill that includes proposed amendments to the Investment Canada Act (the ICA) and the Telecommunications Act. Highlights of these proposed...
Bulletin
Canadian Government Restricts Availability of Conditional Sentences (House Arrest)
Mar. 14, 2012 - New Law Applies to Competition Act Cartel Offences May Limit Flexibility and Incentives for Leniency ArrangementsAlmost three years ago, significant amendments were made to Canada’s Competition Act1 (the Act) that substantially raised the stakes for parties caught participating in...
Speaking Engagement
Global Competition Review, GCR Live: Law Leaders Asia & Pacific 2012, “Competition/IP & Technology”; Mar. 02 & 03, 2012
Mar. 02, 2012
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 Legal 500 Canada—Competition and Antitrust (Recommended)
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; 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.
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