Competition Litigation

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.