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.

Clients note that Brian is “the top competition lawyer in Canada, who would rank among the best antitrust practitioners globally”, a “leader” in the market. He is a “strong advocate with fantastic client skills”. For over 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. 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. He is also a leading expert under the Investment Canada Act and is author of The Investment Canada Act: Commentary and Annotation (LexisNexis, 2018).

Brian is past chair of the Canadian Bar Association's National Competition Law Section and 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.

SELECT EXPERIENCE

Recent representative matters in the public domain include:

  • Essilor International S.A. in connection with its €48-billion combination with Luxottica Group S.p.A.

  • Red Hat, Inc. in a US$34-million merger with IBM

  • Praxair Inc. in 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-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:

  • Who’s Who Legal: Thought Leaders - Global Elite 2019/2020 (Competition)

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

  • Who’s Who Legal: Thought Leaders 2019 (Competition)

  • Expert Guides 2018: Best of the Best (Competition and Antitrust)

  • Chambers Global: The World's Leading Lawyers for Business 2019 (Competition/Antitrust) (Band 1) - 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."

  • Acritas Stars 2018: Independently Rated Lawyers - Nominated as a stand-out lawyer by senior in-house counsel.

  • Chambers Canada: Canada's Leading Lawyers for Business 2018 (Competition/Antitrust) (Band 1) - 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. Clients comment on his "exceptional depth of knowledge and experience in the field. He is easy to work with and very practical".

  • 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."

  • Who's Who Legal: Thought Leaders 2017 (Competition) – Listed as one 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). He is also recognized 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."

  • 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”

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

  • BTI Client Service All-Star Awards - Brian was named a "BTI Client Service All-Star" for 2014 for delivering exceptional client service in the area of Competition/Antitrust. Brian was named one of the top 15 antitrust lawyers globally 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."

PUBLICATIONS
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Co-author: Competition Act: Commentary and Annotation
LexisNexis Canada, 2019.
Co-author: Important Recent Competition Law Developments in Canada
Canadian Corporate Counsel, Volume 27, Number 7, September/October 2018.
Co-author: Mind the Gap: Merger Efficiencies in the United States and Canada
Antitrust Magazine, American Bar Association, Vol. 32, No. 2, Spring 2018.
Co-author: Investment Canada Act: Commentary and Annotation
LexisNexis Canada, 2014-2018.
Co-author: Competition and Antitrust Laws in Canada: Mergers, Joint Ventures and Competitor Collaborations
LexisNexis Canada, 2017 (Second Edition).
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MEDIA APPEARANCES
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Quoted: Canada hires chief digital enforcement officer
Article by Matt Richards, Global Competition Review, July 3, 2019.
Quoted: Toronto Real Estate Board gives go-ahead to agents to post selling prices of properties online
Article by Tess Kalinowski, Toronto Star, August 28, 2018
Quoted: City of Burnaby, Toronto Real Estate Board both lose SCC appeal bids
Article by Lisa R. Lifshitz, Canadian Lawyer Magazine, August 23, 2018.
Quoted: Ottawa appointing more female judges, but bench still short of gender parity
Article by Sean Fine, The Globe and Mail, June 19, 2018.
Mentioned: The Juggling Act
Article by Gena Smith, Lexpert Magazine, September 1, 2017.
Quoted: Open Doors to Investment
Article by Julius Melnitzer, Lexpert Magazine, June 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.
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