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

Brian is the Chair of our Competition, Antitrust & Foreign Investment group, widely regarded as one of the leading competition law practices in Canada. He is past chair of the Canadian Bar Association's National Competition Law Section.  In 2017, Brian was named as one of the top 25 most influential lawyers in Canada. He has also been named one of the top 15 antitrust lawyers in the world by BTI Consulting Group and was the only Canadian lawyer to receive this distinction.  Clients note that he is “the top competition lawyer in Canada, who would rank among the best antitrust practitioners globally” and also that “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.”

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

He is also a leading expert under the Investment Canada Act and is author of The Investment Canada Act: Commentary and Annotation (LexisNexis, 2017).

Brian was an adjunct law professor for more than a decade. 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. Brian 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:

  • Essilor International S.A. in connection with its €46-billion combination with Luxottica Group S.p.A.

  • Praxair Inc. in connection with its proposed US$33.9-billion combination with Linde AG

  • Superior Plus Corp. in connection with its C$412-million acquisition of the retail propane business of Gibson Energy Inc.

  • Pembina Pipeline Corporation in connection with its US$9.7-billion acquisition of Veresen Inc.

  • Agrium Inc. in connection with its US$36-billion merger of equals transaction with Potash Corporation of Saskatchewan Inc.

  • Anheuser-Busch InBev SA/NV in connection with its £71-billion acquisition of SABMiller plc and in connection with the US$12-billion on-sale of the Miller Brands business to Molson Coors

  • Bell Canada in connection with 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 Corp.

  • Dell Inc. in connection with its US$67-billion acquisition of EMC Corp.

  • Superior Plus Corp. in connection with its proposed C$324.1-million 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 the most recent editions of the most prominent lawyer-ranking publications, including:

  • Chambers Canada: Canada’s Leading Lawyers for Business (Competition/Antitrust) - Described by one source as: "the top competition lawyer in Canada, who would also rank among the best antitrust practitioners globally." He is lauded for his depth and expertise and “great business acumen”, and can regularly be seen acting for clients on high value and complex transactions.

  • Chambers Global: The World's Leading Lawyers for Business (Competition/Antitrust) - Regarded as one of the leading figures in Canadian competition law. One client said: "He's responsive; everything we ask of him appears to be a priority. He's personable and he really does take the time to understand the business and the context in which the questions are being asked." Another interviewee added: "He is very knowledgeable and very respected in the area. He is well-known to the Bureau and what he does carries a lot of weight."

  • Canadian Lawyer Magazine named Brian one of Canada’s Top 25 Influential of 2017. Voters were quoted: “Outstanding leader in his field and in the community;” and “Thoughtful, strategic, relentless . . . all on behalf of his clients. That’s what drives him and makes him stand out from a remarkable group of lawyers.”

  • Who's Who Legal: Thought Leaders 2017 (Competition) - Placed among an extremely selective list of 25 Thought Leaders in the field of competition law worldwide; Brian is the only lawyer in Canada to hold this distinction.

  • Who's Who Legal: Competition - Client quoted: "Brian is one of the world's leading practitioners in this field." Listed as one of the top 10 most highly regarded individuals in North America; Brian is the only Canadian lawyer listed.

  • The Legal 500 Canada (Competition/Antitrust) - Described by clients as a “standout expert”. Ranks Blakes in its top tier as “the benchmark for competition law in Canada”, as “led by ‘superb lawyer’ Brian Facey”.

  • The Canadian Legal Lexpert Directory (Competition Law - Most Frequently Recommended)

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

  • Benchmark Canada: The Definitive Guide to Canada's Leading Litigation Firms and Attorneys - Client Quoted: “His advice was critical to us completing a deal with a major client. Without him, the deal wouldn’t have been closed by now… without a doubt, simply one of the best competition lawyers in Canada.”

  • The Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada (Competition Law)

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

  • Global Competition Review’s GCR Awards 2017 - Nominated for “Dealmaker of the Year” for his superior knowledge, practical judgement and negotiation skills in merger clearance matters, demonstrating he is among the very best in the global field.

  • Legal Media Group's The Best of the Best 2016 - One of the top 30 competition and antitrust attorneys in the world.

  • Acritas Stars 2016: Independently Rated Lawyers - Nominated as a stand-out lawyer by senior in-house counsel.

  • 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.

  • The 2014 Lexpert Zenith Awards: Celebrating Practice Area Excellence (Competition Law) - Client quoted: "Brian was at the epicentre of many of the country's largest deals."

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
Show Past:
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Quoted: Open Doors to Investment
Article by Julius Melnitzer, Lexpert Magazine, June 1, 2017.
Co-author: Investment Canada Act: Commentary and Annotation
LexisNexis Canada, 2014-2017.
Co-author: Competition and Antitrust Laws in Canada: Mergers, Joint Ventures and Competition Collaborations
LexisNexis, Canada, 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
LexisNexis, Canada, 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.
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MEDIA APPEARANCES
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Mentioned: The Juggling Act
Article by Gena Smith, Lexpert Magazine, September 1, 2017.
Quoted: Recent decision of Competition Bureau brings glad and bad tidings to shareholders
Article by Julius Melnitzer, Lexpert Magazine, April 4, 2017.
Quoted: Competition Bureau: Scrutiny of BCE-METS deals goes into overtime
Article by Christine Doy, The Globe and Mail, December 1, 2016.
Quoted: Competition Bureau Approves Merger “Efficiencies Defence”
Article by Julius Melnitzer, Lexpert, July 5, 2016.
Quoted: Competition Bureau seeks public input on mergers to promote “openness”; Agency concedes there is “potential for misuse”
Article by Claire Brownell, The National Post, July 25, 2015.
Quoted: Foreign Investments; National security review a warning to investors
Article by Jeff Gray, The Globe and Mail, July 2, 2015.
Quoted: Roll out the red tape for takeovers; Attempt to ease regulatory burden falls flat
Interviewed by Drew Hasselback, National Post, April 1, 2015.
Quoted: Roll out the red tape for takeovers; Attempt to ease regulatory burden falls flat
Interviewed by Drew Hasselback, The 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.
Quoted: Competition Bureau; Top court blocks move to undo oil-waste merger
Article by Jeff Gray, The National Post, January 23, 2015
Mentioned: Competition Bureau, OSC to share information
Article by Ahmad Hathout, Lexpert Magazine, January 16, 2015.
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