Expertise

Competition Law

Advises clients on the application of the Competition Act and the Investment Canada Act to mergers and acquisitions. Merger clearance work has included:

• Pfizer Inc.’s acquisitions of Warner Lambert and Pharmacia; Pfizer’s sale of its Consumer Healthcare Business to Johnson & Johnson
• Acquisitions by Berkshire Hathaway Inc. including The Pampered Chef, Shaw Industries, Fruit of the Loom and Benjamin Moore
• Cerberus Capital Management, L.P. and its partners’ acquisition of Chrysler, and its acquisition of a controlling interest in GMAC
• Assists businesses in complying with the Competition Act provisions that pertain to the marketing, pricing and distribution of products and services.
• Provides advice in connection with the criminal and reviewable conduct provisions of the Competition Act.
• Helps businesses to develop and implement corporate compliance programs to ensure that management and employees understand and comply with the Competition Act and other legislation.

Resources

• Competition Act Amendments:  Wage-Fixing and No-Poaching Agreements Prohibited (June 2023)
• Merger Review: Increased Competition Bureau Monitoring (September 2019)
• Ordinary Selling Price Claims: Competition Bureau Enforcement Activity (April 2017)
• CAOB FAQ 5 Reviewable Conduct (December 2015)
• CAOB FAQ 4 Competition Act Mergers 2015 (December 2015)
• CAOB FAQ 2 Sale Price Claims (December 2015)
• Pending Competition Act Amendments: Price Transparency Act (December 2014)
• Ontario Court Decision Largely Favours Rogers: Misleading Representations Provisions of the Competition Act Applied (August 2013)
• Overview of the Competition Act’s Pricing Provisions (January 2013)
• Competition Tribunal Orders Divestiture: Competition Bureau Prevails in Contested Merger of British Columbia Environmental Waste Management Businesses (June 2012)
• Rogers Challenges AMPs for Misleading Representations and the “Adequate and Proper Test” Provision of the Competition Act (March 2012)
• Bureau Issues Revised Merger Enforcement Guidelines (October 2011)