Competition, Antitrust & Foreign Investment
The Cassels Brock Competition, Antitrust & Foreign Investment Group provides expert advice to clients of all sizes across a broad spectrum of industries and acts in competition law litigation for both defendants and plaintiffs. Both the group as a whole and its individual members have been recognized for their expertise by authorities in the field, including Chambers Global and Global Competition Review (the GCR 100).
Members of the group regularly advise domestic clients on both day-to-day compliance matters as well as extraordinary events. These clients run the gamut from major corporations and industry associations to private individuals. In addition to its domestic expertise, the group has extensive international experience in all areas of competition law; we regularly act as the Canadian members of multinational teams in cross-border mergers, international criminal investigations and multi-jurisdictional civil litigation.
The group takes a proactive, practical approach, working closely with clients to ensure that they conduct their businesses in a manner that both complies with the Competition Act and allows them to realize their strategic business objectives. To meet our clients’ competition law-related business and litigation needs and provide integrated solutions, we work closely with specialists in the firm’s other practice areas.
We act for clients in all areas of competition law, including matters related to:
- Mergers and acquisitions
- Joint ventures
- Trade associations
- Class actions
- Compliance matters
- Pricing practices
- Supply arrangements (including issues involving distribution and franchise networks, and refusals to deal)
- Criminal matters
- Advertising and promotional activities
- Abuse of dominance cases
- Competition policy and legislative initiatives
Members of the group routinely deal with members of all branches of the Competition Bureau, as well as Industry Canada and Canadian Heritage. Our knowledge of their enforcement approach and good working relationships with the staff of these agencies allow us to provide valuable input to clients in their dealings with them.
Our group also has extensive experience representing clients in Competition Tribunal proceedings, including contested proceedings, consent proceedings and variations of existing orders. In fact, we are and have been involved in many of the leading Canadian merger, conspiracy, abuse of dominance, private applications under the refusal to deal and related provisions, as well as civil damages actions.
- Successfully obtained intervenor status for Realtysellers Real Estate Inc., allowing it to participate in abuse of dominance proceedings brought by the Commissioner of Competition against the Toronto Real Estate Board
- Acting as counsel to Leisureworld Senior Care Corporation (the third largest licensed long-term care provider in Ontario) in its acquisition of two luxury retirement residences for approximately $89 million
- Acting as legal advisor to SKOR Food Group Inc. in its sale of outstanding shares to Colabor Group Inc.
- Acting as counsel to Gold Wheaton Gold Corporation during its acquisition by Franco-Nevada
- Acting as Canadian counsel for Rockwood Holdings Inc. in the sale of the AlphaGary plastic compounding business to Mexichem S.A.B.de C.V. for $300 million in cash
- Acting as counsel to Goldcorp Inc. in its acquisition of Andean Resources Limited for approximately $3.6 billion
- Acting as counsel to FNX Mining Company Inc. in its merger with Quadra Mining Ltd to create a new intermediate copper producer
- Acting as counsel to Westaim Corporation in its acquisition of all shares of JEVCO Insurance Company from Kingsway Financial Services Inc.
- Acting as counsel to Pfizer Inc. on the competition aspects of Pfizer's landmark $68 billion purchase of Wyeth, the first cross-border merger completed under the new Canadian competition two-tier regime
- Acting as international coordinating counsel to Goldcorp Inc. in its US$21.3 billion combination with Glamis Gold Ltd.
- Acting as counsel to Waste Management of Canada Corporation to negotiate a consent agreement in a joint abuse investigation
- Acting as international coordinating counsel to International Uranium Corp. in its $1 billion combination with Denison Mines Inc.
- Successfully representing Pfizer Canada in private applications brought by pharmacies under the refusal to deal provisions of the Competition Act
- Acting as Canadian counsel to Pfizer Inc. and Pfizer Canada in the US$16.6 billion sale of its worldwide consumer health care division to Johnson & Johnson
- Acting as Canadian counsel to Lundin Mining Corporation in its US$3 billion plan of arrangement with EuroZinc Mining Corp.
- Acting as international coordinating counsel to Goldcorp Inc. in its US$1.6 billion acquisition of mining assets from Barrick Gold
- Acting for major financial institutions and the Interac Association to amend a consent order
- Obtaining Competition Act clearance of Industrial Alliance’s $200 million takeover of Clarington Corporation
- Defending several major manufacturers involved in class action lawsuits involving allegations of price fixing
- Acting as counsel to Waste Management of Canada Corporation to rescind a Competition Tribunal order
- Acting for HudBay Minerals in its US$175 million acquisition of mining and smelting assets from Anglo American