Randall Hofley
Partner | Toronto, Ottawa
Toronto: 416-863-2387
Ottawa: 613-788-2211

Randall is currently serving as General Counsel and Senior Enforcement Advisor at the Competition Bureau Legal Services (CBLS) for a two-year term. He remains a Partner at the Firm but is on leave under the Government of Canada’s Interchange Program.

Randall has also previously served as Special Counsel to the Commissioner of Competition and Law Clerk at the Supreme Court of Canada for the former Chief Justice Beverley McLachlin.

For over 25 years, he has been a trusted counsel for leading companies and trade associations operating in Canada, leveraging his public and private sector experience. Randall advises on all aspects of competition law, with a focus on contentious matters, before the Canadian Competition Tribunal and all levels of Canadian courts. He is consistently ranked as a leading competition lawyer and litigator in Canada.

Randall has worked on many of the most high-profile competition law matters, substantially influencing competition laws and policies as they apply to companies doing business in Canada.  These matters include the first abuse of dominance case to reach the Federal Court of Appeal and the Supreme Court of Canada, the only Federal Court of Appeal decision to address the application of the Competition Act (Act) to patents, the only case considering the (then) new price maintenance provisions of the Act, the only case considering the (then) new competitor collaboration provisions of the Act, and the only appellate level decision in Canadian history on the compliance of agreements between purchasers of products with the criminal provisions of the Act.

During his time as Special Counsel to the Commissioner, Randall was responsible for legislative/policy reform initiatives relating to abuse of dominance, cartels, IP/competition law interface, price maintenance, regulated conduct, and litigation procedures, which resulted in major amendments to the Act, Competition Bureau enforcement policies and Competition Tribunal procedures in force today.

SELECT EXPERIENCE

Recent representative merger and competition litigation matters, respectively include:

  • Agrium Inc. on its US$36-billion merger with Potash Corporation of Saskatchewan Inc.

  • BCE (Bell) on its C$3.9-billion acquisition of Manitoba Telecom Services , on its proposed C$3.38-billion acquisition of Montréal-based Astral Media Inc. and its leading specialty and pay television channels, radio stations, digital media properties and out-of-home advertising platforms, and on its acquisition of an ownership position in Maple Leaf Sports and Entertainment

  • Superior Plus Corp. on its C$412-million acquisition of the retail propane business of Gibson Energy Inc. and on its C$932-million offer for Canexus Corporation

  • Dow Chemical in an action with respect to a joint venture related to the act and restraint of trade issues, before the Alberta Court of Queen's Bench

  • ExxonMobil/Imperial Oil in respect of a damages award based on a finding that the criminal cartel provisions of the Act were violated, before the Alberta Court of Appeal and Supreme Court of Canada

  • Mitsui OSK Lines in class action certification proceedings related to car carrier services before the Supreme Court of British Columbia

  • Office Depot in litigation brought by the Competition Bureau challenging the Staples/Office Depot merger, before the Competition Tribunal

  • Visa Canada in litigation brought by the Competition Bureau challenging Visa merchant discrimination rules as a violation of the (civil) price maintenance provisions of the Act, before the Competition Tribunal

  • United Continental in litigation brought by to the Competition Bureau challenging alliance agreements between United Continental Airlines and Air Canada under the competitor collaboration provisions of the Act, before the Competition Tribunal

  • Randall has defended against cartel prosecutions and class actions in respect of auto parts, audio-video products, car carrier services, chemicals, flooring, insulation and vitamins, most recently for global companies such as Autoliv, Mitsui OSK, Mohawk Industries and Yazaki, successfully securing dismissals, immunity or leniency and other resolutions.

Randall’s experience spans numerous industries, including energy, food and consumer products, information technology, music, petrochemical, telecommunications, transportation, pharmaceuticals and life sciences. Consequently, he has also represented major companies such as HJ Heinz, BCE and Trans Canada Pipe before federal regulatory tribunals such as the Canadian International Trade Tribunal, the Canadian Radio-television and Telecommunications Commission, and the National Energy Board with respect to competition law/policy issues.

AWARDS & RECOGNITION

Randall is recognized as a leading competition lawyer in the most recent editions of the following industry publications:

  • Chambers Global: The World’s Leading Lawyers for Business (Competition/Antitrust: Litigators)

  • Chambers Canada: Canada's Leading Lawyers for Business (Competition/Antitrust: Litigators)

  • The Lexpert Guide to the Leading US/Canada Cross-border Corporate Lawyers in Canada (Competition)

  • The Lexpert Guide to the Leading US/Canada Cross-Border Litigation Lawyers in Canada (Competition Law)

  • Legal Media Group's Guide to the World's Leading Competition and Antitrust Lawyers

  • Who's Who Legal: Competition

  • Who's Who Legal: Canada (Competition/Antitrust Law)

  • Benchmark Canada: The Definitive Guide to Canada's Leading Litigation Firms and Attorneys (Litigation Star: Competition)

  • The Canadian Legal Lexpert Directory (Competition Law)

  • The Best Lawyers in Canada (Competition/Antitrust Law)

PUBLICATIONS
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The Investigations Review of the Americas 2018, Global Investigations Review, pp. 55-60, August 2017.
Merger Control, 6th Edition, pp. 48-60, Global Legal Group, July, 2017.
The International Comparative Legal Guide to: Vertical Agreements and Dominant Firms, 1st Edition, Global Legal Group, June 2017.
Cartels, 5th Edition, Global Legal Insights, January 2017.
Co-author: Canada Chapter
Competition Litigation, International Comparative Legal Guides, 2017.
Co-author: Canada Chapter
The Strategic View - Competition Litigation, First Edition, Global Legal Group, 2016.
Author: Canada’s TREB Decision on Abuse of Dominance: Points of Possible Divergence
Competition Policy International, Volume 2, pp. 15-17, August 2016.
Co-author: The Commissioner of Competition v. The Toronto Real Estate Board: Furthering the Evolution of Abuse of Dominance Law
Competition Law Review, The Canadian Institute, Vol. 1, No. 1, pp. 2-6, August 2016.
Co-author: Canada Chapter
Merger Control - Fifth Edition, Global Legal Insights, pp. 16-24, July 2016.
Co-author: Canada Chapter
The International Comparative Legal Guide to Competition Litigation, International Comparative Legal Guides, Eighth Edition, 2016.
Co-author: Canada Chapter
Cartels - Fourth Edition, Global Legal Insights, January 2016.
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PROFESSIONAL APPEARANCES
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Speaker: International Competition Network Merger Working Group Seminar on Vertical Mergers and Innovation
International Competition Network Merger Working Group Seminar on Vertical Mergers and Innovation, November 21, 2017.
Speaker: CBA Competition Litigation Seminar
CBA Competition Litigation Seminar, March 2017.
Speaker: CBA Criminal Matters Roundtable
CBA Criminal Matters Roundtable, January 2017
Speaker: Canadian Institute of Law & Practice Conference
Canadian Institute of Law & Practice Conference, October 2016.
Speaker: Beyond the Borders: Emerging Issues in Business
Litigation Conference, DRI, June 4, 2015.
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