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

Randall is a former Special Counsel to the Commissioner of Competition and Law Clerk at the Supreme Court of Canada for (now) 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 matters include:

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

  • 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 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
  • Visa 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
  • Commissioner of Competition in respect of the Competition Bureau’s challenge of Canada Pipe’s conduct under the abuse of dominance provisions before the Federal Court of Appeal and Supreme Court of Canada
  • Commissioner of Competition in respect of the application of the criminal provisions of the Act to assignment and licensing of patents, before the Federal Court of Appeal
  • BCE (Bell) 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
  • BCE (Bell) on its acquisition of an ownership position in Maple Leaf Sports and Entertainment, which owns the Toronto Maple Leafs NHL hockey franchise, Toronto Raptors NBA basketball franchise, and Toronto FC MLS soccer franchise
  • 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 and transportation. Consequently, he has also represented major companies such as BCE, HJ Heinz 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 has been recognized as a leading competition lawyer by the following publications:

  • Chambers Canada: Canada's Leading Lawyers for Business 2017 (Competition/Antitrust - Band 2)

  • The Canadian Legal Lexpert Directory 2016 (Repeatedly Recommended - Competition Law)
  • Chambers Global: The World's Leading Lawyers for Business 2016 (Band 2 - Competition/Antitrust)

  • Chambers Canada: Canada’s Leading Lawyers for Business 2016 (Band 1 - Competition/Antitrust)
  • The Legal 500 Canada 2016 (Recommended - Competition and Antitrust)
  • The Canadian Legal Lexpert Directory 2015 (Consistently Recommended - Competition Law)
  • Benchmark Canada: The Definiteive Guide to Canada's Leading Litigation Firms and Attorneys - 2015 Edition (Competition Law)
  • Who's Who Legal: Competition 2015
  • Who's Who Legal: Canada 2014 (Competition Law)

  • Legal Media Group's Guide to the World's Leading Competition and Antitrust Lawyers 2014

  • The 2014 Lexpert Guide to the Leading US/Canada Cross-Border Corporate Lawyers in Canada

  • Benchmark Canada: The Definitive Guide to Canada's Leading Litigation Firms and Attorneys - 2013 Edition (Competition Law)
PUBLICATIONS
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Cartels, 5th Edition, Global Legal Insights, January 2017.
Co-author: Canada Chapter
The Strategic View - Competition Litigation, First Edition, Global Legal Group, 2016.
Co-author: Canada Chapter
Merger Control - Fifth Edition, Global Legal Insights, pp. 16-24, July 2016.
Co-author: Canada Chapter
Competition Litigation, International Comparative Legal Guides, 2016.
Co-author: Canada Chapter
Cartels - Fourth Edition, Global Legal Insights, January 2016.
Co-author: Canada Chapter
Merger Control - Fourth Edition, Global Legal Insights, pp. 17-24, Spring 2015.
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PROFESSIONAL APPEARANCES
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Speaker: Trials, Tribulations and Antitrust Considerations in Joint Ventures
Beyond the Borders: Emerging Issues in Business Litigation Conference, DRI - The Voice of the Defense Bar, June 4, 2015.
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