“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.
Xplornet Communications Inc.
Acted for Xplornet Communications Inc., a portfolio company of Stonepeak Infrastructure Partners and Canada's leading rural broadband provider, in its acquisition of Corridor Communications Inc., which operates CCI Wireless., a provider of broadband solutions to rural homes in Alberta, along with enterprise clients across western Canada.
McCain Foods Limited
Acted for McCain Foods Limited in its $70-million acquisition of Hillspring Farms Ltd., a Canadian farmer of potatoes, through a quick-flip sale in a receivership.
WESCO International, Inc.
Acting as Canadian competition counsel to WESCO International, Inc., a Pennsylvania-based distributor of electrical, industrial, and communications products, in its US$4.5-billion acquisition of Anixter International Inc.
Xplornet Communications Inc.
Acted for Xplornet Communications Inc., Canada's largest rural-focused broadband service provider, in its sale to Stonepeak Infrastructure Partners.
Driven Brands Inc.
Acted for Roark Capital-backed Driven Brands Inc. in its acquisition of Clairus Canada Group, a major automotive parts, windshield repair and claims management business based in Québec.
Total System Services Inc. (TSYS)
Acted for Total System Services Inc. (TSYS), a leading global payments provider, on competition matters related to its US$26-billion merger of equals with Global Payments Inc., to create a global technology-enabled payments company.
Return Path, Inc.
Acted for Return Path, an email deliverability firm, in the sale of its business to Validity, a specialist in customer data management.
Minto Apartment Real Estate Investment Trust
Acted for Minto Apartment Real Estate Investment Trust (REIT) in the $268-million acquisition from Rockhill Apartments Inc. of a multi-residential rental property comprising 1,004 suites in Montréal, Québec. The REIT, which co-acquired the property with Investors Real Property Fund, is the asset and property manager for the co-tenancy and is earning fees for these services.
Acted for Celgene Corporation, an integrated global biopharmaceutical company, on competition matters related to its US$74-billion sale to Bristol-Myers Squibb Company.
TransDigm Group Incorporated
Acted for TransDigm Group Incorporated, a global aerospace components manufacturer, on competition matters related to its US$4-billion acquisition of Esterline Technologies Corporation.
Are You Prepared for a Search?
Oct. 23, 2020 - The Competition Act provides the Commissioner of Competition with a number of powerful investigative tools in respect of both criminal and civil matters, including the power to obtain and execute search warrants that allow Competition Bureau officers to enter premises and to seize...
In the News
Mark Katz Reacts to Canada’s Maintenance of Pre-Merger Threshold in Interview with Global Competition Review
Apr. 07, 2020 - After the Competition Bureau’s announcement last week that the pre-merger notification threshold will remain the same as last year, Global Competition Review asked Mark Katz for his thoughts on the decision. “Although technically the Minister can decide not to follow that formula [set out...
In the News
Mark Katz Reflects on Competition Tribunal Review Process in Global Competition Review
Jan. 16, 2020 - In an article (available to subscribers) published this week in Global Competition Review, Mark Katz shared his perspectives on the Competition Tribunal’s recent order denying the Competition Bureau’s request to expedite its challenge of Parrish & Heimbecker’s grain elevator acquisition....
Canadian Foreign Investment Review Annual Report Confirms Shift in Emphasis Toward National Security Concerns
Jan. 15, 2020 - The official Annual Report under the Investment Canada Act (ICA) for the fiscal year 2018-19 was released at the end of 2019. This document sets out various statistics and other noteworthy developments during that time frame (i.e., April 1, 2018 to March 31, 2019) relating to the two...
Recent Developments in Abuse of Dominance Law in Canada: When is Anti-Competitive Conduct Justified?, co-author
Dec. 06, 2019 - Kluwer Competition Law Blog (Wolters Kluwer)
In the News
Mark Katz Speaks to Global Competition Review About Canadian Anti-Cartel Enforcement
Nov. 28, 2019 - Following the recent sentencing of a fourth individual in a Gatineau bid-rigging cartel, Global Competition Review featured Mark Katz’s insights in an article (available to subscribers) about Canada’s treatment of conspiracy and bid-rigging offences. “Although the penalty handed down in...
Recent Developments in Canada: Will the Competition Bureau Intrude on Privacy?, co-author
Sept. 24, 2019 - Kluwer Competition Law Blog (Wolters Kluwer)
Read the article.
In the News
Mark Katz and Anita Banicevic Speak to Global Competition Review About the Call for Reporting in the Digital Sector
Sept. 11, 2019 - A recent article in Global Competition Review (available to subscribers) featured Mark Katz and Anita Banicevic’s reactions to the Competition Bureau’s call for businesses and consumers to report potentially anticompetitive conduct in the digital economy. Mark commented that there is “no...
In the News
Mark Katz Weighs In on Private Competition Claims in Global Competition Review
Aug. 12, 2019 - Global Competition Review recently featured Mark Katz’s insights into the private actions regime in Canada following the Competition Tribunal’s refusal to allow an abuse of dominance claim against a Québec Crown corporation. In the article (available to subscribers), Mark explains that...
Canada’s Competition Bureau Releases Draft Model Timing Agreement for Merger Efficiencies Claims
July 22, 2019 - Canada’s Competition Bureau has released a draft model timing agreement for mergers where the parties wish to raise efficiencies claims. For context, Canada’s efficiencies defence provides that no remedy may be imposed in respect of a merger that substantially lessens competition when the...
Chambers Global: The World’s Leading Lawyers for Business—Competition/Antitrust
Chambers Canada: Canada’s Leading Lawyers for Business—Competition/Antitrust
GCR 100 Canada: A Guide to the World’s Leading Competition Law and Economics Practices—Competition and Foreign Investment Review
The Canadian Legal Lexpert Directory—Competition Law
The Best Lawyers in Canada—Advertising and Marketing Law; Competition and Antitrust Law
Who’s Who Legal: Canada—Competition; Who’s Who Legal: Competition; Who’s Who Legal Thought Leaders—Competition
Expert Guides—Competition and Antitrust