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Abuse of Dominance & Reviewable Matters

Abuse of Dominance & Reviewable Matters
Abuse of Dominance & Reviewable Matters
Expertise / Practices / Competition & Antitrust / Abuse of Dominance & Reviewable Matters

Blakes has been at the forefront of Competition Bureau proceedings brought against companies for abuse of dominance and other reviewable practices. As the leading antitrust practice in Canada, we have represented numerous clients in connection with confidential abuse of dominance investigations or inquiries conducted by the Competition Bureau, some of which became public upon proceeding to litigation, such as e-books, Vancouver Airport AuthorityAir Canada/CanJetTele-Direct and Nutrasweet.

We acted as lead counsel in the Federal Court of Appeal and Supreme Court of Canada in Canada Pipe, the first of only two abuse of dominance cases to go to those courts, and as lead counsel at the Supreme Court of Canada in the only other such abuse of dominance case, TREB. Blakes also acted for Visa Inc. in respect of a landmark Competition Tribunal case under the reviewable price maintenance provision of the Competition Act. Blakes lawyers have also represented clients in refusal-to-deal cases that went to the Competition Tribunal such as Fred Deeley and Wyeth.

Using our knowledge of the Bureau’s policies and the law, we have successfully negotiated numerous settlements of abuse of dominance cases for our clients, most of which were resolved informally and confidentially. Companies also rely on our guidance when dealing with investigations in other jurisdictions, particularly when there is a possibility that a parallel competition law investigation may be commenced in Canada.

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Awards & Recognition

Blakes was named Regional Firm of the Year – Americas in the 2019 GCR Awards and Competition Law Firm of the Year in the 2018 Benchmark Canada Awards.

Members of our Competition, Antitrust & Foreign Investment group are consistently ranked as leading practitioners in the most recent editions of the following publications:

  • Chambers Canada: Canada’s Leading Lawyers for Business (Competition/Antitrust) ranks Blakes in Band 1, its top tier for Competition/Antitrust. Brian Facey, Cassandra Brown, Randal Hofley, Navin Joneja, Robert Kwinter, Julie Soloway and Micah Wood are recognized as leading lawyers.

  • Canadian Lawyer Magazine names Julie Soloway one of Canada’s Most Influential Lawyers 2020. Brian Facey was included in the 2017 list.

  • Global Competition Review’s GCR 100 ranks the Blakes Competition, Antitrust & Foreign Investment group in the “Elite” category, the review’s highest designation, noting that Blakes “continues to be at the top of Canadian competition law, and is considered ‘the firm to beat’ by several of its rivals.”

  • Global Competition Review’s Women in Antitrust ranks Julie Soloway as one of the world’s leading women lawyers in competition.

  • The Best Lawyers in Canada (Competition/Antitrust Law) named Brian Facey as Lawyer of the Year (2021) and recognizes Cassandra Brown, Navin Joneja, Robert Kwinter, Julie Soloway and Micah Wood. 

  • The Legal 500 Canada (Competition/Antitrust) ranks Blakes in the top tier with clients referring to us as “market leader.”

  • Benchmark Canada: The Definitive Guide to Canada's Leading Litigation Firms and Attorneys recognizes Catherine Beagan-Flood, Réal Forest, Jeff Galway, Randall Hofley, Robert Kwinter, Claude Marseille, Dalton McGrath, James Sullivan and Robert Torralbo for their expertise in competition litigation.

  • Who’s Who Legal: Foreign Investment Review recognizes Brian Facey, Rob Kwinter and Julie Soloway as leading lawyers.

  • Who's Who Legal: Competition recognizes Brian Facey, Navin Joneja, Robert Kwinter, Julie Soloway and Micah Wood.

  • Who's Who Legal: Thought Leaders Global Elite - Competition recognizes Brian Facey a top competition lawyer in Canada.

  • Who’s Who Legal: Thought Leaders - Competition recognizes Brian Facey, Robert Kwinter and Julie Soloway were also recognized as Thought Leaders.

  • Who’s Who Legal: Canada (Competition) recognizes Brian Facey, Navin Joneja, Robert Kwinter, Julie Soloway and Micah Wood as leading lawyers.

  • Who's Who Legal: Competition - Future Leaders recognizes Cassandra Brown and Kevin MacDonald as the foremost practitioners in competition law.

  • The Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada ranks Brian Facey and Robert Kwinter as leading lawyers.

  • The Lexpert Guide to the Leading US/Canada Cross-Border Litigation Lawyers in Canada ranks Brian Facey and Robert Kwinter as leading lawyers.

  • The Canadian Legal Lexpert Directory ranks Brian Facey, Navin Joneja, Robert Kwinter and Julie Soloway as leading lawyers.

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