Brian A. Facey
Partner | Toronto
Toronto: 416-863-4262

Brian is the Chair of our Competition, Antitrust & Foreign Investment group, widely regarded as the leading competition law practice in Canada, and awarded Competition Law Firm of the Year in 2016, by Chambers. He is past chair of the Canadian Bar Association's National Competition Law Section. Who's Who Legal: 2016 places Brian among the most highly regarded individuals in Competition Law worldwide, and he is the only competition lawyer in Canada to hold this distinction. Clients note that he is "very bright, experienced and effective" and say that his ability to "spot potential antitrust issues early on and provide compliant business solutions" is a key attribute.

For almost 25 years, Brian has advised clients in hundreds of regulatory matters, including cross-border and domestic merger transactions, criminal cartel cases, class actions, and distribution and advertising matters under the Competition Act.

A key part of his practice involves advising foreign investors, companies and states under the provisions of the Investment Canada Act and the State-Owned Enterprise Guidelines, which regulate the acquisition of control of Canadian businesses by non-Canadians. He is a leading authority on the Investment Canada Act, and author of Annual book entitled The Investment Canada Act: Commentary and Annotation (LexisNexis).

Brian was an adjunct professor for more than a decade and is a scholar in the area of competition law. His treatises have been cited by all levels of courts in Canada, including the Supreme Court of Canada for his work on efficiencies and strategic mergers. He has also appeared on behalf of clients before the Competition Bureau, the Competition Tribunal, the Federal Court, the Federal Court of Appeal and various levels of Ontario courts.

SELECT EXPERIENCE

Recent representative matters in the public domain include:

  • Agrium Inc. on its proposed US$36-billion merger of equals transaction with Potash Corporation of Saskatchewan Inc.
  • Anheuser-Busch InBev SA/NV in connection with its approximately £71-billion acquisition of SABMiller plc and in connection with the US$12-billion on-sale of the Miller Brands business to Molson Coors
  • BCE Inc. in its C$3.9-billion acquisition of Manitoba Telecom Services Inc. (MTS) and in its sale of a portion of MTS wireless subscribers and assignment of certain dealer locations to TELUS Corporation
  • Dell Inc. in connection with its US$67-billion acquisition of EMC Corporation

  • Superior Plus Corp. in connection with its C$324.1-million proposed acquisition of Canexus Corporation

  • Holcim Ltd. in connection with its C$50-billion merger with Lafarge S.A.
  • GlaxoSmithKline in connection with the Canadian antitrust aspects of its Consumer Healthcare, Vaccines and Oncology transactions with Novartis AG
  • Bell Canada in connection with its C$1.3-billion acquisition of an ownership position in Maple Leaf Sports and Entertainment, which owns the Toronto Maple Leafs NHL hockey franchise and the Toronto Raptors NBA basketball franchise
  • Intact Financial Corporation in connection with its C$2.6-billion acquisition of the Canadian insurance businesses of AXA SA
  • Suncor Energy Inc. in connection with its C$43.3-billion merger with Petro-Canada
AWARDS & RECOGNITION

Brian is recognized as one of Canada's leading lawyers in every major lawyer-ranking publication including:

  • The 2017 Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada (Competition Law)
  • The Legal 500 Canada 2017 (Competition/Antitrust) - ranks Blakes in its top tier as "the benchmark for competition law in Canada," as "led by 'superb lawyer' Brian Facey."
  • Who's Who Legal: Thought Leaders 2017 (Competition)
  • Best of the Best 2016 (Top 30 competition and antitrust Attorneys in the world)
  • The Canadian Legal Lexpert Directory 2016 (Competition Law - Most Frequently Recommended)
  • Who's Who Legal: Competition 2016 (Top 10 Most Highly Regarded Individuals in North America - only Canadian lawyer listed)
  • Chambers Global: The World's Leading Lawyers for Business 2016 (Competition/Antitrust)
  • The Best Lawyers in Canada 2016 (Competition/Antitrust Law)
  • Who's Who Legal: Competition 2015 ("Brian is one of the world's leading practitioners in this field.")
  • The Legal 500 Canada 2015 (Competition/Antitrust - ranks Blakes in the top tier and refers to Brian Facey as the top level with a reputation as a "competition powerhouse.")
  • Who's Who Legal: Canada 2014 (Most Highly Regarded Individual - Competition - "Brian Facey is once again the 'most highly nominated' individual in our research)
  • The 2014 Lexpert Zenith Awards: Celebrating Practice Area Excellence - (Competition Law - "Brian was at the epicentre of many of the country's largest deals.")
  • Chambers Global: The World's Leading Lawyers for Business 2015(Competition/Antitrust); quote from Chambers Global 2014: "With a broad practice encompassing all matters of competition law, sources describe him as a master of the area."
  • BTI Client Service All-Star Awards (Brian was named a "BTI Client Service All-Star" for 2014 by BTI Consulting Group for delivering exceptional client service in the area of Competition/Antitrust. In a survey of GCs published on February 4, 2014, Brian was named one of the top 15 antitrust lawyers in the world and is the only Canadian lawyer to receive this distinction.)
  • Benchmark Canada: The Definitive Guide to Canada's Leading Litigation Firms and Attorneys - 2012 Edition (a client quote reads: "His advice was critical to us completing a deal with a major client. Without him, the deal probably wouldn't have been closed by now.... Without a doubt, simply one of the best competition lawyers in Canada.")

The Globe and Mail, one of Canada's leading business newspapers, referred to Brian as "one of Canada's most prominent competition lawyers." He is also recognized by Lexpert magazine as a top competition litigation counsel: "Facey [is] among a rare breed of top-rated competition 'solicitors' not afraid to get on his feet in litigation."

PUBLICATIONS
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Co-author: Investment Canada Act: Commentary and Annotation
LexisNexis Canada, 2014-2016.
Co-author: Merger Efficiencies in the United States and Canada: An Overview with Key Takeaways for Cross-Border Mergers
The Threshold, Newsletter of the Mergers and Acquisitions Committee, American Bar Association of Antitrust Law, Vol. XV, No. 3, pp. 50-65, Summer 2015.
Co-author: Competitor Collaborations and Minority Acquisitions in Canada: A Practical Guide for Business
2015 Antitrust in the Americas Conference, American Bar Association, June 2015.
Co-author: Chapter 6 - Refusal to Deal
Fundamentals of Canadian Competition Law, Third Edition, CBA Competition Law Section and Carswell, August 2015.
Co-author: Competition and Antitrust Law: Canada and the United States, Fourth Edition
LexisNexis June 2014.
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PROFESSIONAL APPEARANCES
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Speaker: Survivor Showcase Session with In-House Counsel: Day-to-day Challenge of Merger Control Worldwide
Paris, France, October 30, 2015
Speaker: The Interview 2015: Competition Law in the Public Spotlight
Canadian Bar Association, Competition Law Conference, Ottawa, Canada, October 1-2, 2015.
Speaker: Competitor Collaborations, Minority Acquisitions and Associative Agreements
American Bar Association, Antitrust in the Americas Conference, Rio De Janeiro, Brazil, June 11-12, 2015.
Speaker: Global Mergers
Canadian Bar Association, Competition Law Conference, Ottawa, Canada, September 18-19, 2014.
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MEDIA APPEARANCES
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Quoted: Roll out the red tape for takeovers; Attempt to ease regulatory burden falls flat
Interviewed by Drew Hasselback, National Post, April 1, 2015.
Mentioned: Holcim demands more from Lafarge
Article by Henry Vane, Global Competition Review, March 18, 2015.
Quoted: Canada clears media deal after lengthy probe
Article by Faez Samadi, Global Competition Review, March 26, 2015.
Quoted: Gascon swaps Norton Rose for federal bench
Article by Harry Phillips, Global Competition Review, March 4, 2015.
Mentioned: Bureau, OSC to share information
Lexpert Magazine, January 16, 2015.
Quoted: Lawyers adapt to a Competition Bureau that's willing to flex its muscles
Article by Jim Middlemiss, National Post, Financial Post, Legal Post, March 2014.
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