OVERVIEW & EXPERTISE

 
“We strongly believe that this is the best antitrust practice in Canada."

 

 Client comment, Chambers Global: The World's Leading Lawyers for Business 2015

Blakes competition litigators play a key role in Canada’s largest and most experienced competition law practice. Blakes is frequently at the forefront of high-­profile competition litigation matters, including contentious mergers, advertising, abuse of dominance, reviewable trade practices and other civil matters before the Canadian Competition Tribunal, the provincial or federal courts and the Supreme Court of Canada. Our lawyers also appear before the superior courts, provincial courts of appeal and the Supreme Court of Canada on criminal matters and class actions.

Blakes lawyers are extensively involved in the increasingly important area of antitrust class actions. We have represented defendants in leading antitrust class actions, including the recent decision by the Supreme Court of Canada in Pro-­Sys. Other significant class action cases on which Blakes lawyers have acted include air cargo, numerous auto parts, beer, capacitors, car carrier services, chemicals, chocolate, computer operating systems and applications, credit cards, CRTs, DRAM, hydrogen peroxide, LCDs, lithium ion batteries, polyurethane foam, rubber, and the vitamin case, the first major class action of its kind. Our lawyers have been involved in every major cartel investigation in Canada and have secured immunity and leniency in relation to some of Canada's most high-­profile cartel cases, and follow on private (class) actions.

Blakes is also at the forefront of merger litigation. There are six merger cases that form the primary body of merger jurisprudence in Canada. Blakes has represented the parties in all five of the cases in which the parties were successful (Southam, CP Ships, Hillsdown, Superior Propane, and Labatt). Most recently, Blakes represented United Continental Airlines (regarding its alliance agreements with Air Canada) and Office Depot, Inc. (regarding its merger with Staples, Inc.) before the Competition Tribunal, and both matters concluded without a Tribunal decision. In addition, Blakes lawyers have acted as litigation counsel in some of the most vigorously contested “consent order” cases where there was concerted opposition by intervenors such as Chapters/Indigo, Interac, and Imperial Oil.

We have represented clients in connection with abuse of dominance investigations or inquiries conducted by the Competition Bureau, including Pearson (regarding e-books) and Gate Gourmet (regarding Vancouver Airport Authority), Air Canada/CanJet, Tele¬Direct and Nutrasweet. Blakes lawyers acted as lead counsel in Canada Pipe, the first of only two abuse of dominance cases to go to the Federal Court of Appeal and the Supreme Court of Canada. Blakes also acted for Visa Inc. in respect of proceedings brought by the Commissioner of Competition in a landmark case under the reviewable price maintenance provision of the Competition Act. Blakes lawyers have also represented clients in refusal-to-deal cases such as Fred Deeley and Wyeth.

Much of the Firm's work in the litigation area involves strategic advice to best position matters for success in the event of litigation as well as preventing problems before they lead to litigation through prudent advice concerning the structuring of business transactions and the conduct of business affairs.

Representative Matters
  • Labatt Brewing Company Limited with respect to a class action brought in Ontario against the LCBO, The Beer Store and a certain number of its shareholders. 
  • Office Depot, Inc. with respect to the Competition Bureau’s challenge of its merger with Staples, Inc.
  • Nestlé Canada Inc. on its successful defence of alleged violations of the criminal conspiracy provisions of the Competition Act and in defence of a national class action alleging conspiracy to fix prices of chocolate.
  • Microsoft Corporation with respect to a class action alleging anticompetitive conduct with respect to operating systems and applications software.
  • Dow Chemical Canada Inc. on its litigation with NOVA Chemicals Corporation with respect to operation of facilities under a joint venture, specifically restrictive covenants related thereto.
  • Visa Canada Inc. on its successful defence of a price maintenance (abuse of dominance) application filed by the Commissioner of Competition.
  • Visa Canada Inc. on its class action brought by merchants in British Columbia, Ontario and Quebec against credit card companies and banks setting interchange fees and non-discrimination rules.
  • Mitsui O.S.K. Lines, Ltd. with respect to class action proceedings in British Columbia, Ontario and Quebec involving alleged price fixing in respect of Ro Ro car carrier services.
  • Samsung Electronics Co. Ltd. with respect to various class action proceedings in British Columbia, Saskatchewan, Manitoba, Ontario and Quebec, involving alleged price fixing with respect to optical disk drives in violation of the Competition Act.
  • Mohawk Industries, Inc. in a class action brought against manufacturers of carpet and carpet underlay foam in British Columbia, Ontario and Quebec in respect of alleged price fixing.
  • Imperial Oil before the Alberta Court of Appeal, where the trial decision concerning a civil conspiracy claim under the Competition Act was successfully reversed (321665 Alberta Ltd. v. Husky Oil Operations Ltd.).
  • Lufthansa with respect to class action proceedings in British Columbia, Ontario and Quebec brought by direct and indirect purchasers with respect to alleged price fixing of air cargo services.
  • Labatt Brewing Company Limited with respect to its acquisition of Lakeport Brewing Income Fund, before the Competition Tribunal, the Federal Court and the Federal Court of Appeal.
  • Interac Association in its application to the Competition Tribunal for an amendment and replacement of a consent order originally issued in 1996.
  • Arkema Inc., a major chemical company, in class actions alleging price fixing of hydrogen peroxide.
  • Bell Aliant in defence of a successful injunction relating to misleading advertising claims (Bell Aliant v. Rogers, 2010 N.B.Q.B. 166).
  • Resolved Competition Bureau investigations and/or private actions in numerous other industries, including audio-visual products, chemicals, food products, film distribution/exhibition, fine art, glass, pharmaceuticals and vitamins, to name a few.
 

 INDUSTRY RECOGNITION

 
The Blakes Competition, Antitrust & Foreign Investment group was named Competition Law Firm of the Year in 2016 by Chambers Canada: Canada’s Leading Lawyers for Business. Members of our group are consistently ranked as leading practitioners in the most recent editions of the following publications:
  • Global Competition Review GCR 100 ranks the Blakes Competition, Antitrust & Foreign Investment group in the “Elite” category, the review’s highest designation, for the seventh consecutive year.
  • The Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada ranks Brian A. Facey and Robert E. Kwinter as leading lawyers in the area of Competition Law.
  • Chambers Canada: Canada’s Leading Lawyers for Business (Competition/Antitrust) ranks Blakes and Brian A. Facey in Band 1, its top tier for Competition/Antitrust. Jason Gudofsky, Navin Joneja, Robert E. Kwinter, Julie Soloway, Debbie Salzberger, Micah Wood and Randall Hofley are recognized as leading lawyers. Clients were quoted as saying: “They are world-class — they really do support not only our legal needs but also our business needs.”
  • Who's Who Legal places Brian A. Facey among an extremely selective list of 25 Thought Leaders in the field of competition law worldwide — the only competition lawyer in Canada to hold this distinction. 
  • Global Competition Review’s Women in Antitrust ranks Julie Soloway as one of the world’s leading female lawyers in the field of competition law.
  • The Best Lawyers in Canada (Competition/Antitrust Law) recognizes Brian A. Facey, Jason Gudofsky, Navin Joneja, Robert E. Kwinter and Deborah Salzberger as leading lawyers.
  • Who's Who Legal: Competition ranks the Blakes Competition, Antitrust & Foreign Investment group as a leader, with six competition lawyers individually ranked, including Brian A. Facey, Jason Gudofsky, Navin Joneja, Robert E. Kwinter, Debbie Salzberger and Julie Soloway.
  • The Lexpert Guide to the Leading US/Canada Cross-Border Litigation Lawyers in Canada ranks Brian A. Facey, Jason Gudofsky, Navin Joneja, Randall Hofley and Robert E. Kwinter as leading lawyers in the area of Competition Law.
  • The Lexpert Guide to the Leading US/Canada Cross-Border Corporate Lawyers in Canada ranks Brian A. Facey, Jason Gudofsky and Robert E. Kwinter as leading lawyers in the area of Competition Law.
  • Chambers Global: The World’s Leading Lawyers for Business ranks Blakes and Brian A. Facey in Band 1, its top tier for Competition/Antitrust. Jason Gudofsky, Navin Joneja, Robert E. Kwinter, Julie Soloway, Micah Wood and Randall Hofley are recognized as leading lawyers. 
  • Who's Who Legal: Competition - Future Leaders recognizes Cassandra Brown, Joshua Krane, Kevin MacDonald, David Rosner, Debbie Salzberger and Micah Wood as the foremost practitioners in the competition community aged 45 and under​.
  • The Legal 500 Canada (Competition/Antitrust) ranks Blakes in the top tier with clients referring to us as “market leader.” Brian A. Facey is ranked as a leading lawyer and described by clients as a “standout expert.” Jason Gudofsky, Navin Joneja, Randall Hofley and Robert E. Kwinter are all recommended for competition and antitrust.
  • Benchmark Canada: The Definitive Guide to Canada's Leading Litigation Firms and Attorneys recognizes Brian A. Facey, Randall Hofley and Robert E. Kwinter for their expertise in Competition Litigation.
  • Who’s Who Legal: Competition 2016 lists Brian A. Facey as one of the Top 10 Most Highly Regarded Individuals in North America, the only Canadian lawyer named in the category.
  • Best of the Best 2016 names Brian A. Facey as one of the Top 30 Competition and Antitrust Attorneys in the world.
  • Lawyer Monthly Magazine Women in Law Awards 2016 names Julie Soloway as “Competition Lawyer of the Year.”
  • BTI Consulting Group names Brian A. Facey "BTI Client Service All-Star" for 2014 for delivering exceptional client service in the area of competition/antitrust. He is one of 15 top antitrust lawyers and the only Canadian competition lawyer to receive this distinction.
  • World Finance Legal Awards 2013 names Blakes the "Best Competition & Anti-Trust Firm."
  • Global Competition Review's 2012 Edition of 40 Under 40 recognizes Navin Joneja and Deborah Salzberger as leading competition lawyers.
  • Legal Media Group's Guide to Leading Practitioners: China 2011 ranks Brian A. Facey as a leading lawyer in the area of Competition & Antitrust: International.
 

 PEOPLE

 
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Partner | Toronto
Toronto: 416-863-2269
Areas of Expertise: Class Actions, Constitutional & Charter of Rights, Product Liability, Privacy, Communications, Life Sciences, Infrastructure, Competition Litigation, Freedom of Information, Cybersecurity and Data Breach Response & Litigation, Cybersecurity, Government & Public Sector
Partner | Toronto
Toronto: 416-863-2295
Areas of Expertise: Competition & Antitrust, Foreign Investment, Abuse of Dominance & Reviewable Matters, Cartels & Criminal Investigations, Competition Litigation, Competition Law Compliance, Merger Review & Control, Misleading Advertising, E-Discovery/SIRs
Associate | Montréal
Montréal: 514-982-4125
Areas of Expertise: Competition Litigation, Energy Litigation, Franchising, Litigation & Dispute Resolution
Associate | Toronto
Toronto: 416-863-2959
Areas of Expertise: Competition & Antitrust, Merger Review & Control, Competition Litigation, Abuse of Dominance & Reviewable Matters, Competition Law Compliance, E-Discovery/SIRs
Partner | Toronto
Toronto: 416-863-4262
Areas of Expertise: Competition & Antitrust, Foreign Investment, China, Europe, United States, Plan Nord, Competition Litigation, Abuse of Dominance & Reviewable Matters, Cartels & Criminal Investigations, Competition Law Compliance, E-Discovery/SIRs, Merger Review & Control, Misleading Advertising, Japan, Pension Funds Investment, Investment Funds, Investment Vehicles, Cybersecurity, Government & Public Sector
Partner | Montréal
Montréal: 514-982-5088
Areas of Expertise: Litigation & Dispute Resolution, Competition Litigation, Foreign Investment, Arbitration, Corporate Litigation, Securities Litigation, Abuse of Dominance & Reviewable Matters, Cartels & Criminal Investigations, Competition Law Compliance, Merger Review & Control, Anti-Corruption & Bribery, Constitutional & Charter of Rights, Business Crimes, Investigations & Compliance
Partner | Toronto
Toronto: 416-863-3859
Areas of Expertise: Class Actions, Corporate Litigation, Securities Litigation, Competition Litigation, Pension Litigation, Constitutional & Charter of Rights
Partner | Toronto
Toronto: 416-863-3266
Areas of Expertise: inSource, Class Actions, Corporate Litigation, Competition Litigation, Merger Review & Control, E-Discovery/SIRs, Securities Litigation, E-Discovery & Document Management, Cybersecurity and Data Breach Response & Litigation, Cybersecurity
Partner | Toronto
Toronto: 416-863-3184
Areas of Expertise: Australia, Foreign Investment, Competition Litigation, Aviation/Aerospace, China, Technology, Misleading Advertising, Financial Services, Manufacturing, Oil & Gas, Energy, Retail & Consumer Products, Life Sciences, Competition & Antitrust, Abuse of Dominance & Reviewable Matters, Cartels & Criminal Investigations, Competition Law Compliance, Merger Review & Control, E-Discovery/SIRs, Mergers, Acquisitions & Divestitures
Partner | Toronto, Ottawa
Toronto: 416-863-2387
Ottawa: 613-788-2211
Areas of Expertise: Competition Litigation, Litigation & Dispute Resolution, Copyright, Competition & Antitrust, Abuse of Dominance & Reviewable Matters, Cartels & Criminal Investigations, Competition Law Compliance, E-Discovery/SIRs, Merger Review & Control, Misleading Advertising, Foreign Investment
Partner | Toronto
Toronto: 416-863-2352
Areas of Expertise: Abuse of Dominance & Reviewable Matters, Cartels & Criminal Investigations, Competition Litigation, Competition Law Compliance, Misleading Advertising, India, Marketing & Health Regulatory, Competition & Antitrust, Foreign Investment, E-Discovery/SIRs, Merger Review & Control, Pension Funds Investment, Investment Funds, Investment Vehicles, Cybersecurity, Enterprise Risk & Crisis Response, Government & Public Sector
Partner | Toronto
Toronto: 416-863-4187
Areas of Expertise: Merger Review & Control, Misleading Advertising, Competition Litigation, Foreign Investment, Abuse of Dominance & Reviewable Matters, Competition & Antitrust, Cartels & Criminal Investigations, Competition Law Compliance, E-Discovery/SIRs
Associate | Toronto
Toronto: 416-863-3891
Areas of Expertise: Competition & Antitrust, Foreign Investment, Abuse of Dominance & Reviewable Matters, Cartels & Criminal Investigations, Competition Litigation, Competition Law Compliance, E-Discovery/SIRs, Merger Review & Control
Partner | Toronto
Toronto: 416-863-3283
Areas of Expertise: Competition & Antitrust, Marketing & Health Regulatory, Life Sciences, Class Actions, Foreign Investment, Competition Litigation, Abuse of Dominance & Reviewable Matters, Cartels & Criminal Investigations, Competition Law Compliance, Merger Review & Control, Misleading Advertising, E-Discovery/SIRs
Partner | Toronto
Toronto: 416-863-4023
Areas of Expertise: Competition & Antitrust, Merger Review & Control, Foreign Investment, Abuse of Dominance & Reviewable Matters, Cartels & Criminal Investigations, Misleading Advertising, Competition Litigation, E-Discovery/SIRs
Partner | Montréal
Montréal: 514-982-5089
Areas of Expertise: Class Actions, Corporate Litigation, Construction Dispute Resolution, Product Liability, Procurement, Public-Private Partnerships, Food, Beverage & Agribusiness, Competition Litigation, Securities Litigation, Insurance Litigation, Media & Defamation, Insurance
Partner | Calgary
Calgary: 403-260-9654
Areas of Expertise: Class Actions, Energy, Competition Litigation, Corporate Litigation, IP Litigation, Media & Defamation, Arbitration
Partner | Calgary
Calgary: 403-260-9726
Areas of Expertise: Business Crimes, Investigations & Compliance, Anti-Corruption & Bribery, Corporate Litigation, Class Actions, Competition Litigation, Securities Litigation, Enterprise Risk & Crisis Response
Associate | Toronto
Toronto: 416-863-2205
Areas of Expertise: Competition Litigation, Arbitration, Construction Dispute Resolution, Securities Litigation
Partner | Toronto
Toronto: 416-863-2216
Areas of Expertise: Competition & Antitrust, Foreign Investment, Abuse of Dominance & Reviewable Matters, Cartels & Criminal Investigations, Competition Litigation, Competition Law Compliance, E-Discovery/SIRs, Merger Review & Control, Misleading Advertising, Fintech
Partner | Toronto
Toronto: 416-863-4274
Areas of Expertise: Litigation & Dispute Resolution, Media & Defamation, Business Crimes, Investigations & Compliance, Constitutional & Charter of Rights, Competition Litigation, Tax Controversy & Litigation, Arbitration, Cybersecurity and Data Breach Response & Litigation, Enterprise Risk & Crisis Response, Government & Public Sector, Mining Litigation & Dispute Resolution, Defence
Partner | Vancouver
Vancouver: 604-631-3358
Areas of Expertise: Litigation & Dispute Resolution, Class Actions, Corporate Litigation, Product Liability, Business Crimes, Investigations & Compliance, Energy, Environmental Litigation & Enforcement, Competition Litigation, Mining Litigation & Dispute Resolution, Aboriginal, Environmental
Office Managing Partner | Montréal
Montréal: 514-982-4014
Areas of Expertise: Class Actions, Product Liability, Securities Litigation, Business Crimes, Investigations & Compliance, Capital Markets, Competition Litigation, Misleading Advertising, Arbitration, Automotive, Equity Capital Markets, Cybersecurity and Data Breach Response & Litigation
Partner | Toronto
Toronto: 416-863-4164
Areas of Expertise: Competition & Antitrust, Foreign Investment, Abuse of Dominance & Reviewable Matters, Cartels & Criminal Investigations, Competition Litigation, Competition Law Compliance, E-Discovery/SIRs, Merger Review & Control, Misleading Advertising
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 BULLETINS

 
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