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“We strongly believe that this is the best antitrust practice in Canada."
Client comment, Chambers Global: The World's Leading Lawyers for Business 2015
Blakes competition litigators play a key role in Canada’s largest and most experienced competition law practice. Blakes is frequently at the forefront of high-profile competition litigation matters, including contentious mergers, advertising, abuse of dominance, reviewable trade practices and other civil matters before the Canadian Competition Tribunal, the provincial or federal courts and the Supreme Court of Canada. Our lawyers also appear before the superior courts, provincial courts of appeal and the Supreme Court of Canada on criminal matters and class actions.
Blakes lawyers are extensively involved in the increasingly important area of antitrust class actions. We have represented defendants in leading antitrust class actions, including the recent decision by the Supreme Court of Canada in Pro-Sys. Other significant class action cases on which Blakes lawyers have acted include air cargo, numerous auto parts, beer, capacitors, car carrier services, chemicals, chocolate, computer operating systems and applications, credit cards, CRTs, DRAM, hydrogen peroxide, LCDs, lithium ion batteries, polyurethane foam, rubber, and the vitamin case, the first major class action of its kind. Our lawyers have been involved in every major cartel investigation in Canada and have secured immunity and leniency in relation to some of Canada's most high-profile cartel cases, and follow on private (class) actions.
Blakes is also at the forefront of merger litigation. There are six merger cases that form the primary body of merger jurisprudence in Canada. Blakes has represented the parties in all five of the cases in which the parties were successful (Southam, CP Ships, Hillsdown, Superior Propane, and Labatt). Most recently, Blakes represented United Continental Airlines (regarding its alliance agreements with Air Canada) and Office Depot, Inc. (regarding its merger with Staples, Inc.) before the Competition Tribunal, and both matters concluded without a Tribunal decision. In addition, Blakes lawyers have acted as litigation counsel in some of the most vigorously contested “consent order” cases where there was concerted opposition by intervenors such as Chapters/Indigo, Interac, and Imperial Oil.
We have represented clients in connection with abuse of dominance investigations or inquiries conducted by the Competition Bureau, including Pearson (regarding e-books) and Gate Gourmet (regarding Vancouver Airport Authority), Air Canada/CanJet, Tele¬Direct and Nutrasweet. Blakes lawyers acted as lead counsel in Canada Pipe, the first of only two abuse of dominance cases to go to the Federal Court of Appeal and the Supreme Court of Canada. Blakes also acted for Visa Inc. in respect of proceedings brought by the Commissioner of Competition in a landmark case under the reviewable price maintenance provision of the Competition Act. Blakes lawyers have also represented clients in refusal-to-deal cases such as Fred Deeley and Wyeth.
Much of the Firm's work in the litigation area involves strategic advice to best position matters for success in the event of litigation as well as preventing problems before they lead to litigation through prudent advice concerning the structuring of business transactions and the conduct of business affairs.
Representative Matters
- Labatt Brewing Company Limited with respect to a class action brought in Ontario against the LCBO, The Beer Store and a certain number of its shareholders.
- Office Depot, Inc. with respect to the Competition Bureau’s challenge of its merger with Staples, Inc.
- Nestlé Canada Inc. on its successful defence of alleged violations of the criminal conspiracy provisions of the Competition Act and in defence of a national class action alleging conspiracy to fix prices of chocolate.
- Microsoft Corporation with respect to a class action alleging anticompetitive conduct with respect to operating systems and applications software.
- Dow Chemical Canada Inc. on its litigation with NOVA Chemicals Corporation with respect to operation of facilities under a joint venture, specifically restrictive covenants related thereto.
- Visa Canada Inc. on its successful defence of a price maintenance (abuse of dominance) application filed by the Commissioner of Competition.
- Visa Canada Inc. on its class action brought by merchants in British Columbia, Ontario and Quebec against credit card companies and banks setting interchange fees and non-discrimination rules.
- Mitsui O.S.K. Lines, Ltd. with respect to class action proceedings in British Columbia, Ontario and Quebec involving alleged price fixing in respect of Ro Ro car carrier services.
- Samsung Electronics Co. Ltd. with respect to various class action proceedings in British Columbia, Saskatchewan, Manitoba, Ontario and Quebec, involving alleged price fixing with respect to optical disk drives in violation of the Competition Act.
- Mohawk Industries, Inc. in a class action brought against manufacturers of carpet and carpet underlay foam in British Columbia, Ontario and Quebec in respect of alleged price fixing.
- Imperial Oil before the Alberta Court of Appeal, where the trial decision concerning a civil conspiracy claim under the Competition Act was successfully reversed (321665 Alberta Ltd. v. Husky Oil Operations Ltd.).
- Lufthansa with respect to class action proceedings in British Columbia, Ontario and Quebec brought by direct and indirect purchasers with respect to alleged price fixing of air cargo services.
- Labatt Brewing Company Limited with respect to its acquisition of Lakeport Brewing Income Fund, before the Competition Tribunal, the Federal Court and the Federal Court of Appeal.
- Interac Association in its application to the Competition Tribunal for an amendment and replacement of a consent order originally issued in 1996.
- Arkema Inc., a major chemical company, in class actions alleging price fixing of hydrogen peroxide.
- Bell Aliant in defence of a successful injunction relating to misleading advertising claims (Bell Aliant v. Rogers, 2010 N.B.Q.B. 166).
- Resolved Competition Bureau investigations and/or private actions in numerous other industries, including audio-visual products, chemicals, food products, film distribution/exhibition, fine art, glass, pharmaceuticals and vitamins, to name a few.
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Partner | Toronto
Toronto: 416-863-2269
Areas of Expertise:
Class Actions, Constitutional & Charter of Rights, Product Liability, Privacy, Communications, Life Sciences, Infrastructure, Competition Litigation, Freedom of Information, Cybersecurity and Data Breach Response & Litigation, Cybersecurity, Government & Public Sector
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Partner | Toronto
Toronto: 416-863-2295
Areas of Expertise:
Competition & Antitrust, Foreign Investment, Abuse of Dominance & Reviewable Matters, Cartels & Criminal Investigations, Competition Litigation, Competition Law Compliance, Merger Review & Control, Misleading Advertising, E-Discovery/SIRs
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Associate | Toronto
Toronto: 416-863-2959
Areas of Expertise:
Competition & Antitrust, Merger Review & Control, Competition Litigation, Abuse of Dominance & Reviewable Matters, Competition Law Compliance, E-Discovery/SIRs
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Partner | Toronto
Toronto: 416-863-4262
Areas of Expertise:
Competition & Antitrust, Foreign Investment, China, Europe, United States, Plan Nord, Competition Litigation, Abuse of Dominance & Reviewable Matters, Cartels & Criminal Investigations, Competition Law Compliance, E-Discovery/SIRs, Merger Review & Control, Misleading Advertising, Japan, Pension Funds Investment, Investment Funds, Investment Vehicles, Cybersecurity, Government & Public Sector
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Partner | Montréal
Montréal: 514-982-5088
Areas of Expertise:
Litigation & Dispute Resolution, Competition Litigation, Foreign Investment, Arbitration, Corporate Litigation, Securities Litigation, Abuse of Dominance & Reviewable Matters, Cartels & Criminal Investigations, Competition Law Compliance, Merger Review & Control, Anti-Corruption & Bribery, Constitutional & Charter of Rights, Business Crimes, Investigations & Compliance
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Partner | Toronto
Toronto: 416-863-3859
Areas of Expertise:
Class Actions, Corporate Litigation, Securities Litigation, Competition Litigation, Pension Litigation, Constitutional & Charter of Rights
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Partner | Toronto
Toronto: 416-863-3266
Areas of Expertise:
inSource, Class Actions, Corporate Litigation, Competition Litigation, Merger Review & Control, E-Discovery/SIRs, Securities Litigation, E-Discovery & Document Management, Cybersecurity and Data Breach Response & Litigation, Cybersecurity
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Partner | Toronto
Toronto: 416-863-3184
Areas of Expertise:
Australia, Foreign Investment, Competition Litigation, Aviation/Aerospace, China, Technology, Misleading Advertising, Financial Services, Manufacturing, Oil & Gas, Energy, Retail & Consumer Products, Life Sciences, Competition & Antitrust, Abuse of Dominance & Reviewable Matters, Cartels & Criminal Investigations, Competition Law Compliance, Merger Review & Control, E-Discovery/SIRs, Mergers, Acquisitions & Divestitures
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Partner | Toronto, Ottawa
Toronto: 416-863-2387
Ottawa: 613-788-2211
Areas of Expertise:
Competition Litigation, Litigation & Dispute Resolution, Copyright, Competition & Antitrust, Abuse of Dominance & Reviewable Matters, Cartels & Criminal Investigations, Competition Law Compliance, E-Discovery/SIRs, Merger Review & Control, Misleading Advertising, Foreign Investment
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Partner | Toronto
Toronto: 416-863-2352
Areas of Expertise:
Abuse of Dominance & Reviewable Matters, Cartels & Criminal Investigations, Competition Litigation, Competition Law Compliance, Misleading Advertising, India, Marketing & Health Regulatory, Competition & Antitrust, Foreign Investment, E-Discovery/SIRs, Merger Review & Control, Pension Funds Investment, Investment Funds, Investment Vehicles, Cybersecurity, Enterprise Risk & Crisis Response, Government & Public Sector
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Partner | Toronto
Toronto: 416-863-4187
Areas of Expertise:
Merger Review & Control, Misleading Advertising, Competition Litigation, Foreign Investment, Abuse of Dominance & Reviewable Matters, Competition & Antitrust, Cartels & Criminal Investigations, Competition Law Compliance, E-Discovery/SIRs
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Associate | Toronto
Toronto: 416-863-3891
Areas of Expertise:
Competition & Antitrust, Foreign Investment, Abuse of Dominance & Reviewable Matters, Cartels & Criminal Investigations, Competition Litigation, Competition Law Compliance, E-Discovery/SIRs, Merger Review & Control
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Partner | Toronto
Toronto: 416-863-3283
Areas of Expertise:
Competition & Antitrust, Marketing & Health Regulatory, Life Sciences, Class Actions, Foreign Investment, Competition Litigation, Abuse of Dominance & Reviewable Matters, Cartels & Criminal Investigations, Competition Law Compliance, Merger Review & Control, Misleading Advertising, E-Discovery/SIRs
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Partner | Toronto
Toronto: 416-863-4023
Areas of Expertise:
Competition & Antitrust, Merger Review & Control, Foreign Investment, Abuse of Dominance & Reviewable Matters, Cartels & Criminal Investigations, Misleading Advertising, Competition Litigation, E-Discovery/SIRs
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Partner | Montréal
Montréal: 514-982-5089
Areas of Expertise:
Class Actions, Corporate Litigation, Construction Dispute Resolution, Product Liability, Procurement, Public-Private Partnerships, Food, Beverage & Agribusiness, Competition Litigation, Securities Litigation, Insurance Litigation, Media & Defamation, Insurance
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Partner | Calgary
Calgary: 403-260-9654
Areas of Expertise:
Class Actions, Energy, Competition Litigation, Corporate Litigation, IP Litigation, Media & Defamation, Arbitration
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Partner | Calgary
Calgary: 403-260-9726
Areas of Expertise:
Business Crimes, Investigations & Compliance, Anti-Corruption & Bribery, Corporate Litigation, Class Actions, Competition Litigation, Securities Litigation, Enterprise Risk & Crisis Response
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Associate | Toronto
Toronto: 416-863-2205
Areas of Expertise:
Competition Litigation, Arbitration, Construction Dispute Resolution, Securities Litigation
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Partner | Toronto
Toronto: 416-863-2216
Areas of Expertise:
Competition & Antitrust, Foreign Investment, Abuse of Dominance & Reviewable Matters, Cartels & Criminal Investigations, Competition Litigation, Competition Law Compliance, E-Discovery/SIRs, Merger Review & Control, Misleading Advertising, Fintech, Defence
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Partner | Toronto
Toronto: 416-863-4274
Areas of Expertise:
Litigation & Dispute Resolution, Media & Defamation, Business Crimes, Investigations & Compliance, Constitutional & Charter of Rights, Competition Litigation, Tax Controversy & Litigation, Arbitration, Cybersecurity and Data Breach Response & Litigation, Enterprise Risk & Crisis Response, Government & Public Sector, Mining Litigation & Dispute Resolution, Defence
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Partner | Vancouver
Vancouver: 604-631-3358
Areas of Expertise:
Litigation & Dispute Resolution, Class Actions, Corporate Litigation, Product Liability, Business Crimes, Investigations & Compliance, Energy, Environmental Litigation & Enforcement, Competition Litigation, Mining Litigation & Dispute Resolution, Aboriginal, Environmental
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Office Managing Partner | Montréal
Montréal: 514-982-4014
Areas of Expertise:
Class Actions, Product Liability, Securities Litigation, Business Crimes, Investigations & Compliance, Capital Markets, Competition Litigation, Misleading Advertising, Arbitration, Automotive, Equity Capital Markets, Cybersecurity and Data Breach Response & Litigation
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Partner | Toronto
Toronto: 416-863-4164
Areas of Expertise:
Competition & Antitrust, Foreign Investment, Abuse of Dominance & Reviewable Matters, Cartels & Criminal Investigations, Competition Litigation, Competition Law Compliance, E-Discovery/SIRs, Merger Review & Control, Misleading Advertising
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