Robert E. Kwinter
Partner | Toronto
Toronto: 416-863-3283

Rob has extensive experience in all areas of competition law and regularly advises clients with respect to conspiracy, bid-rigging, trade association activities, misleading advertising, mergers and other reviewable trade practices mergers, the criminal and non-criminal matters and the misleading advertising provisions of the Competition Act.

Rob regularly advises clients with respect to regulatory approval under the Competition Act and the Investment Canada Act, in respect of major transactions. He has acted as litigation counsel in cases under various provisions of the Competition Act, including as lead counsel to Visa Canada in a 2012 proceeding before the Competition Tribunal. He has extensive experience in class actions, including DRAM, air cargo, hydrogen peroxide, EPDM, chocolate, LCD and credit cards. He has also developed a recognized expertise in the misleading advertising field and has frequently appeared successfully before the Competition Tribunal and various trial and appellate courts.

SELECT EXPERIENCE

Some of the many complex merger transactions Rob has been involved with include:

  • Suncor/Petro-Canada
  • Merck/Schering-Plough
  • Glaxo Wellcome/SmithKline Beecham
  • GE/Instrumentarium
  • Great West Life/Canada Life
  • West Fraser/Weldwood
  • Whirlpool/Maytag

Rob has also acted as counsel in some of the leading comparative advertising cases in Canada including:

  • Church & Dwight v. Sifto
  • UPS v. Purolator
AWARDS & RECOGNITION

Rob is consistently recognized as a leading practitioner by the following publications:

  • The Best Lawyers in Canada 2020 Lawyer of the Year (Competition/Antitrust Law)

  • The Best Lawyers in Canada - 2019-2020 (Competition/Antitrust Law; Class Action Litigation; Advertising and Marketing Law)

  • Who's Who Legal: Thought Leaders - 2019-2020 (Competition)

  • The Canadian Legal Lexpert Directory 2019 (Competition Law; Advertising and Marketing Law)

  • Who's Who Legal: M&A and Governance 2019 (Foreign Investment Review)

  • Who's Who Legal: Competition - 2018-2019

  • Chambers Global: The World's Leading Lawyers for Business - 2018-2019 (Competition/Antitrust: Canada; Competition/Antitrust: Litigators)

  • The Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada - 2017-2019 (Competition Law)

  • The Legal 500 Canada 2019 (Leading Lawyer - Competition & Antitrust)

  • Chambers Canada: Canada's Leading Lawyers for Business - 2018-2019 (Competition/Antitrust; Competition/Antitrust: Litigators)

  • The Canadian Legal Lexpert Directory 2018 (Competition Law)

  • Acritas Stars 2018: Independently Rated Lawyer (Nominated as a stand-out lawyer by senior in-house counsel)

  • Benchmark Canada: The Definitive Guide to Canada's Leading Litigation Firms and Attorneys - 2018-2019 (Litigation Star – Competition)

  • The Legal 500 Canada 2018 (Competition/Antitrust)

  • Who's Who Legal: Thought Leaders - Competition 2018 (Commentators call Robert “one of the best competition litigators in Canada” and “a leading member of the bar”. He is particularly identified for his superb abilities in cartel and class action litigation.)

  • Who's Who Legal: Canada - 2016-2017 (Competition)

  • The 2017 Lexpert Guide to the Leading US/Canada Cross-border Litigation Lawyers in Canada (Competition/Antitrust Law; Competition)

  • The Canadian Legal Lexpert Directory 2017 (Competition Law; Advertising & Marketing Law)

  • The Best Lawyers in Canada 2017 (Competition/Antitrust Law, Advertising and Marketing Law)

  • The 2016 Lexpert Guide to the Leading US/Canada Cross-Border Corporate Lawyers in Canada (Competition Law)

  • The Legal 500 Canada 2016 (Recommended - Competition/Antitrust)

  • Who's Who Legal: Competition 2016

  • Legal Media Group's Guide to the World's Leading Competition and Antitrust Lawyers 2016

Rob has advised clients on award-winning deals, including one named GCR Behavioural Matter of the Year (Agency) - Americas in the GCR Awards 2016 and another one awarded National Impact Case in the Benchmark Canada Awards 2014.

PUBLICATIONS
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Co-author: Canada Chapter
The International Comparative Legal Guide to: Competition Litigation, 11th Edition, 2019.
Author: Corporate Compliance Programs and the Canadian Competition Act: Can a Credible and Effective Compliance Program Mitigate Corporate Liability?
American Bar Association, Section of Antitrust Law, Cartel & Criminal Practice Committee Newsletter, Fall 2017.
Co-author: Canada Chapter
Competition Litigation, International Comparative Legal Guides, 2017.
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PROFESSIONAL APPEARANCES
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Moderator: Meet the Enforcers: Canada's New Commissioner of Competition, Matthew Boswell
ABA International Committee Brownbag, July 10, 2019.
Panellist: Opening Plenary: Litigating Antitrust Cases in the United States and Canada
CBA Competition Law Fall Conference, Ottawa, Ontario, September 27, 2018.
Discussion Leader: Competition Law - Given recent history, what certification strategies remain
Northwind's 2018 Class Actions Invitational Forum, Certification and Beyond, Cambridge, Ontario, June 12, 2018.
Panellist: Effective Use of Expert Evidence
Competition Law for Advocates, The Advocates' Society, April 25, 2017.
Speaker: Case Presentation at the Competition Tribunal
Competition Litigation Committee of the CBA Competition Law Section, Toronto, Ontario, March 10, 2016.
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MEDIA APPEARANCES
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Quoted: Competition bureau to give lawyers more warning on deal reviews
Interviewed by Anita Balakrishnan, Law Times, July 12, 2019.
Quoted: Immunity in the Spotlight
Interviewed by Shannon Kari, Canadian Lawyer Inhouse, Vol. 13, Issue 2, March 5, 2018.
Quoted: Canadian court denies request to depose competition investigator
Interviewed by Sonya Lalli, Global Competition Review, September 29, 2017.
Quoted: Divisional Court nixes umbrella purchaser claim
Interviewed by Alex Robinson, Law Times, May 8, 2017.
Quoted: Mitsubishi hit by Canadian court's second-largest cartel fine
Interviewed by Janith Aranze, Global Competition Review, April 26, 2017.
Quoted: Pointing the finger: CRA to collect fingerprints of accused tax evaders
Interviewed by Julius Melnitzer, Legal Post, National Post, March 22, 2017.
Quoted: Canada secures second water and sewer guilty plea
Interviewed by Janith Aranze, Global Competition Review, February 21, 2017.
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