“An extremely good competition lawyer.” (Chambers Global 2015)
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.
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.
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.
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.
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, 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.
Investment Canada Act: Guide for Foreign Investors in Canada, 2017 Edition
Sept. 21, 2017 - 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...
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...
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...
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...
Canada Removes Another Brick in the Wall: Government Consents to Revisit Negative National Security Ruling
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);...
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...
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...
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...
International Cartel Enforcement
July 12, 2016 - Panelist: International Cartel Enforcement, Pages 209-224. Download this article.
Canada’s Integrity Regime
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...
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—Competition/Antitrust Law
Who’s Who Legal: Canada—Competition; Who’s Who Legal: Competition—Lawyers
Expert Guides—Competition and Antitrust