Home  About Blakes  Offices  People  Practices  Publications  Seminars  Media  Join Blakes   French  Chinese font [+] [-]
 

Brian A. Facey

Partner, Toronto Office

Telephone  416-863-4262
Facsimile  416-863-2653
email
 

Profile

Brian Facey is the Co-chair of the Blakes Competition, Antitrust & Foreign Investment Group. He is one of Canada's top regulatory lawyers. He is also the relationship partner for a number of the Firm's national and international clients.

Brian has advised clients in hundreds of legal matters, including merger transactions, criminal cartel cases, and distribution and advertising matters under the Competition Act. He has also represented many foreign investors, including state-owned investors and foreign governments, under the provisions of the Investment Canada Act and the new State-Owned-Enterprise Guidelines, which regulate the acquisition of foreign control of Canadian businesses. Brian has secured approvals for foreign investors in many of Canada's key industries, including the energy, mining, transportation and automotive sectors. He was a founder and past co-chair of the Foreign Investment Review Committee of the National Competition Section of the Canadian Bar Association, which represents the views of the Canadian bar in relation to investments by non-Canadians.

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

  • Chambers Global: The World's Leading Lawyers for Business
  • The Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada
  • Law Business Research's The International Who's Who of Competition Lawyers
  • Legal Media Group's Guide to the World's Leading Competition/Antitrust Lawyers
  • The Canadian Legal Lexpert Directory
  • PLC Which Lawyer? Yearbook
  • Lexpert magazine's "Top 40: 40 and Under 40"
  • The Best Lawyers in Canada
  • The Lexpert Guide to the Leading U.S./Canada Cross-Border Litigation Lawyers in Canada
  • Global Competition Review: A Guide to the World's Leading Competition Law and Economics Practices

Most recently, London-based The International Who's Who of Business Lawyers 2009, published by Law Business Research, referred to Brian as "one of the absolute best in the country right now," and Chambers Global: The World's Leading Lawyers for Business 2010 noted that he has "'razor-sharp business acumen and always sees the best angle to tackle the matter'."

Brian is co-author of a leading treatise on Canadian competition law entitled Competition and Antitrust Law: Canada and the United States, LexisNexis, 2006. He has testified before the Canadian Senate and parliamentary committees on proposed amendments to the Competition Act. He was also appointed by the Commissioner of Competition as an external consultant to the Competition Bureau in relation to the recent amendments to Canada's competition laws.

Brian has been involved in many of Canada's most significant legal cases. Recent matters that are of public record include:

  • Baker Hughes International in connection with its US$5.5-billion acquisition of BJ Services Company
  • TUI Travel PLC and Sunwing Travel Group Inc. with respect to the acquisition of First Choice Canada Inc. (an affiliate of TUI Travel PLC) by Sunwing
  • Agrium Inc. in connection with its offer for CF Industries Holdings, Inc.
  • Suncor Energy Inc. with respect to its C$43.3-billion merger with Petro-Canada
  • Merck & Co., Inc. with respect to its US$41.1-billion merger with Schering-Plough Corporation
  • Aluminum Corporation of China with respect to its US$19.5-billion proposed investment in Rio Tinto plc
  • Labatt Brewing Company Limited with respect to its C$200-million acquisition of Lakeport Brewing Income Fund, before the Competition Bureau, the Competition Tribunal, the Federal Court and the Federal Court of Appeal
  • Agrium Inc. in connection with its US$2.65-billion acquisition of UAP Holding Corp.
  • Canetic Resources Trust in connection with its C$15-billion strategic business combination with Penn West Energy Trust
  • XM Satellite Radio Holdings Inc. with respect to its US$13-billion merger with Sirius Satellite Radio Inc.
  • ConocoPhillips in connection with its US$40-billion acquisition of Burlington Resources Inc.
  • Yellow Pages Group in its C$2.6-billion acquisition of SuperPages in the phone directories business
  • Superior Propane in Canada's leading merger efficiencies case before the Competition Tribunal and the Federal Court of Appeal
  • Enerplus Resources Fund, Acclaim Energy Trust and Paramount Resources Ltd. in their C$1-billion acquisition of oil and gas properties from Chevron
  • Rhône-Poulenc in the international vitamin price-fixing case

Professional Achievements

Brian is on the executive committee of the Canadian Bar Association's National Competition Law Section. He is active in the American Bar Association - Antitrust Section and the International Bar Association.

Brian has spoken to audiences in Canada and abroad, and has written articles for the Antitrust Law Journal, the Antitrust Bulletin, Antitrust Magazine, World Competition, the Competition Policy Record, Global Competition Review and Fordham Corporate Law Institute.

Brian has been an adjunct professor of competition law at one of Canada's leading law schools for more than a decade. He is also a private-sector adviser to the International Competition Network.



 
     
 

Areas of Law

Competition, Antitrust & Foreign Investment
Foreign Investment Review
Competition Litigation
 
 

Education

Admitted to the Ontario Bar - 1993
LL.M., Georgetown University - 1997
LL.B., University of British Columbia - 1991
B.A., University of Toronto - 1988
 
 

Media Appearances

Interviewed - " 'Natural Evolution' of a Very Large Group", Interviewed by Julius Melnitzer, National Post, Financial Post, Legal Post, p. FP13, May 12, 2010.

Quoted - "Canada Issues Regulations for Initial Merger Filings", Article by Ron Knox, Global Competition Review, February 9, 2010.

Quoted - "A Competition Convergence", Article by Julius Melnitzer, Lexper, February 2010.

Quoted - "Quaint' Canada Called No Match for Price-Fixers", Article by Jacquie McNish and Jeff Gray, The Globe and Mail, January 27, 2010.

Mentioned - "Leading Litigation Lawyers - Class Action Litigation Comes of Age", Article by Marzena Czarnecka, Report on Business, The Globe and Mail, December 2009.

Quoted - "Under the Merger and Monopoly Microscope", Article by Karim Bardeesy, The Globe and Mail, September 30, 2009.

Quoted - "Bureau Report Draws Flak; One Sided", Article by Jim Middlemiss, The National Post, August 13, 2008.

Quoted - "Review Exonerates Competition Bureau", Article by Janet McFarland, The Globe and Mail, August 13, 2008.

Quoted - "Proposed Recommendations Would Improve Canada's Competitiveness", Article by Robert Todd, Law Times, July 6, 2008.

Mentioned - "Big Deals Canadian", The American Lawyer, March 1, 2008.

Quoted - "Competition Bureau Under Fire Over Beer", Article by Jim Middlemiss, The National Post, February 6, 2008.

Mentioned - "Competition Bureau May Turn to Superior Court", Article by Tim Naumetz, Law Times, February 4, 2008.

Quoted - "Competition Decision Means Faster Mergers", Article by Julius Melnitzer, The National Post, January 30, 2008.

Quoted - "Lakeport/Labatt Right on Target", Article by J. McNish, The Globe and Mail, January 28, 2008.

Quoted - "Watchdog Will Have to Change its Tactics", Article by T. Tedesco, The National Post, January 26, 2008.

Quoted - "Mergers May Move Faster After Court of Appeal Decision", Article by J. McNish, The Globe and Mail, January 23, 2008.

Quoted - "Over Before it Began; Bankers Own Mistakes Caused 1998 Merger Failures, Insider Says", Article by Sean Silcoff, The National Post, January 19, 2008.

Quoted - "The Bell Canada Buyout: Canada's Largest Private Equity Deal", Article by John Jaffey, The Lawyers Weekly, January 18, 2008.

Quoted - "Canada's Competition Bureau: Untangling the Web", Article by Julius Melnitzer, Lexpert, October 2007.

Quoted - "Art of the Case", Article by Julius Melnitzer, Lexpert, September 2007.

Quoted - "Labatt Ruling Means Mergers Will Happen Faster", Article by Jennifer McPhee, Law Times, April 13, 2007.

Mentioned - "Antitrust Watchdog Loses Beer Battle", Article by Shirley Won & Jacquie McNish, The Globe and Mail, P. B1, March 29, 2007.

Interviewed - "Cancer in the Workplace", Interviewed by Bruce Sellery for Workopolis TV, Report on Business Television; aired on December 6, 2006.

Quoted - "Canada U-turns on Efficiencies", Global Competition Review, October 11, 2006.

Quoted - "Merger Milieu is Suddenly a Lot Friendlier", Article by Beppi Crosariol, Globe and Mail, October 4, 2006.

Quoted - "Canada Pipe Case Could Change Competition in Canada", Article by Christopher Guly, Law Times, September 25, 2006.

 
 

Recent Publications

Co-author - "Tempests in a Teapot, Sovereign Wealth Funds, State-Owned Enterprises and National Security Review under the Investment Canada Act", Presented at the Canadian Bar Association's Foreign Investment Review Committee (FIRC) Conference - Investment Canada Act: New Law and Policy, Toronto, Ontario, June 4, 2010.

Co-author - The Intersection Between Intellectual Property Rights and Competition Law: A Canadian Primer", Presented at the IBA's 21st Annual Communications & Competition Law Conference, Barcelona, Spain, May 17-18, 2010.

Co-author - "The Reinvigoration of Canadian Antitrust Law - Canada's New Approach to Merger Review", Competition Law International, April 2010.

Co-author - Canada's New Competition Regime: Compliance Guidance for General Counsel", Presented at the Association of Corporate Counsel's 2009 Annual Meeting, Boston, Massachusetts, October 19, 2009.

Co-author - Open for Business, But Not for Sale - Sovereign Wealth Funds, State-Owned Enterprises and National Security Review Under the Investment Canada Act", Presented at the Canadian Bar Association, 2009 Annual Competition Law Fall Conference, Gatineau, Québec, September 24-25, 2009.

Co-author - "Competition Review Panel Report", Blakes Bulletin on Competition Law, June 2008.

Co-author - "Sovereign Wealth Funds: Friend or Foe? Report from Address by Minister Flaherty", Blakes Bulletin on Competition Law, January 2008.

Co-author - "Federal Court Ruling Reins in Competition Bureau: Beer Subpoenas Set Aside Federal Court Ruling Reins in Competition Bureau: Beer Subpoenas Set Aside ", Blakes Bulletin on Competition Law, January 2008.

Author - "Canada's Merger Timing Decision (Labatt) Upheld on Appeal", Blakes Bulletin on Competition Law, January 2008.

Co-author - "Through the Looking Glass - Last Two Years of Merger Review Under the Canadian Competition Act", Presented at the 2007 Annual Fall Conference on Competition Law, Gatineau, Québec, October 11-12, 2007.

Co-author - "Potential Stormy Weather Ahead? Diverging Antitrust Non-Horizontal Merger Enforcement Policies Could Result In Another Transatlantic Shipwreck", Presented at the 11th Annual Competition Law Conference, Fiesole, Italy, September 7-8, 2007.

Co-author - "New Timing Paradigm in Canada for Merger Review: The Labatt Decision", Blakes Bulletin on Competition Law, April 2007.

Author - "Corporate Auctions and M&A: Taking Competition Law Risks Off the Table", North American Free Trade & Investment Report, P. 12, February 15, 2007.

Author - "Taking Regulatory Risk off the Table", Blakes Bulletin on Business Law, February 2007.

Author - "Antitrust at Fiesole - Ten Years On", International Bar Association Antitrust Newsletter "Canada", February 2007.

Co-author - "Competition Bureau Issues New Merger Remedies Bulletin", Blakes Bulletin on Competition Law, September 2006.

 
 

Recent Professional Activities

Speaker - "Tempests in a Teapot, Sovereign Wealth Funds, State-Owned Enterprises and National Security Review under the Investment Canada Act", Canadian Bar Association's Foreign Investment Review Committee (FIRC) Conference - Investment Canada Act: New Law and Policy, Toronto, Ontario, June 4, 2010.

Speaker - "The Intersection Between Intellectual Property Rights & Competition Law: A Canadian Primer", IBA 21st Annual Communications & Competition Law Conference, Barcelona, Spain, May 17-18, 2010.

Speaker - "Canada's New Approach to Merger Review", International Bar Association 13th Annual Competition Conference, Fiesole, Italy, September 11-12, 2009.

Speaker - "New Governments - New Antitrust Laws: The Reinvigoration of North American Antitrust Enforcement", Association of Corporate Counsel, Boston, Massachusetts, October 19, 2009.

Moderator - "Open for Business, But Not For Sale. Sovereign Wealth Funds, State-Owned Enterprises and National Security Review under the Investment Canada Act", CBA 2009 Annual Competition Law Fall Conference, Gatineau, Québec, September 24-25, 2009.

Speaker - "The New Competition Act: An Ounce of Prevention...", 2009 CCCA National Spring Conference, Montreal, Québec, April 5-7, 2009.

Moderator - "2008 Fall Meeting", ABA Section of International Law, Hilton Hotel, Brussels, Belgium, September 23-27, 2008.

Speaker - "Merger Review and Sovereign Wealth Funds: A Report on Canada", Lex Mundi, North America Regional Conference, Loews Miami Beach Hotel, Miami, Florida, January 31-February 2, 2008.

Speaker - "High Stakes M&A - Getting Deals Done in the Face of Significant Regulatory Hurdles", 11th Annual In-house Counsel Congress, Toronto, Canada, November 22-23, 2007.

Speaker - "Competition Law", Canadian Bar Association 2007 Fall Conference, Gatineau, Québec, October 11-12, 2007.

Speaker - "Abuse of Dominance: International Covergence or Divergence?", Spring Competition Law Conference, International Bar Association and Canadian Bar Association, Toronto, Canada, May 3-4, 2007.

Speaker - "Merger Investigation and Analysis Subgroup", International Competition Network, Dublin, Ireland, April 5, 2007.

Speaker - "Private Antitrust Actions in Canada, Civil Law v. Common Law: Litigation of Antitrust Damages Claims in National Courts", International Bar Association, Chicago, Illinois, September 21, 2006.

 
     
     
MONTRÉAL   OTTAWA   TORONTO   CALGARY   VANCOUVER   NEW YORK   CHICAGO   LONDON   BAHRAIN   AL-KHOBAR*   BEIJING   SHANGHAI*
*Associated Office
Employee Access   Privacy and Copyright   Blake, Cassels & Graydon LLP